Terms of service

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.

Terms of Service

These Terms of Service (the “Terms” or “Policy”) govern your access to and use of the Site and the purchase of any Products offered through the Site, and form a binding agreement between you and Efemera. Please read these Terms carefully. They contain important provisions regarding the formation of any sales contract, our right to refuse or cancel Orders, disclaimers of warranties, limitations of liability, indemnification, a binding individual arbitration agreement, a class action waiver, and a jury trial waiver. By accessing the Site, placing an Order, or otherwise engaging with us, you acknowledge that you have read, understood, and agreed to be bound by these Terms and by every policy incorporated by reference, including our Privacy Policy, Cookie Policy, Shipping Policy, Refund & Return Policy, and Purchase Policy. If you do not agree, you must not access the Site or 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 New York-based business operating from New York, New York. “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.

For the avoidance of doubt, gift cards, store credit, e-gift cards, and any digital or stored-value instrument issued by Efemera are governed by their own terms and the Purchase Policy and are treated separately from “Products” where this Policy or any incorporated policy so provides.

2. Acceptance and Modification of These Terms

Your access to or use of the Site, including browsing, account creation, newsletter signup, submission of any inquiry, and placement of any Order, constitutes your acceptance of these Terms, as they may be amended from time to time. We reserve the right, in our sole discretion, to modify, supplement, restate, suspend, or discontinue all or any portion of these Terms, the Site, or any Product offering at any time, with or without notice. Amendments take effect when posted to the Site. Your continued use of the Site or placement of any subsequent Order following any modification constitutes your acceptance of the modified Terms. You are responsible for reviewing these Terms periodically. If you do not agree to any modification, your sole remedy is to discontinue use of the Site.

3. Eligibility; Export Controls and Sanctions Representation

The Site is intended for individuals who are at least eighteen (18) years of age and who are legally capable of entering into a binding contract under the laws of their jurisdiction. By using the Site or placing an Order, you represent and warrant that you meet these requirements, that all information you provide is accurate and complete, and that you are accessing the Site for lawful, personal, non-commercial purposes only.

You further represent and warrant that you (i) are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. or other applicable sanctions (currently including, without limitation, Cuba, Iran, North Korea, Syria, the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine, and any other jurisdiction designated by the U.S. Office of Foreign Assets Control or other competent authority); (ii) are not identified on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department’s Denied Persons or Entity List, or any other applicable restricted-party list; and (iii) will not export, re-export, transship, or otherwise transfer any Product in violation of U.S. or other applicable export control or sanctions laws. We reserve the right, in our sole discretion, to verify eligibility, to refuse service, and to terminate any account that we believe does not satisfy these requirements.

4. Accounts and Account Security

You may be invited to create an account in order to place certain Orders, save preferences, or track shipments. You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to use a strong, unique password, to notify us promptly of any suspected unauthorized access, and to provide accurate and current information. We reserve the right, in our sole discretion and without prior notice, to remove or change any username, to suspend or terminate any account, and to refuse or cancel any Order associated with an account we believe to be fraudulent, abusive, or otherwise inconsistent with these Terms.

5. Products, Made-to-Order Nature, and Natural Material Variation

Each Product is handcrafted to order in our New York studio. Standard production is typically four (4) to eight (8) 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 eight (8) to twelve (12) 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. Because each Product is made to order, all sales are final, except as expressly provided in our Refund & Return Policy or where applicable mandatory law that cannot be waived by contract otherwise requires.

5.1 Natural Material Disclosure

Our current collections (see the Site for the then-current line) include pieces incorporating 14k gold, freshwater pearls, moonstone, aquamarine, African tourmaline, sterling silver, and hand-applied enamel, among other natural and hand-finished materials. Variations in color, tone, luster, inclusions, banding, texture, weight, finish, enamel pooling, brushstroke, and overall appearance are inherent to natural materials and to the handmade process. Such variations are characteristic of the work and are not defects. Reasonable manufacturing tolerances apply to gemstone weight, gemstone dimension, metal weight, and enamel coverage, as we determine in our sole discretion.

5.2 Product Descriptions, Imagery, and Availability

We may, but are not obligated to, present Product descriptions, dimensions, photographs, and pricing. We do not warrant that descriptions, colors, measurements, weights, or any other Product information are complete, current, accurate, or error-free. Photography, screen rendering, monitor calibration, lighting, and scale may cause variation from the actual Product. All Products are subject to availability, and we may, in our sole discretion, limit quantities, discontinue Products, or refuse Orders. Any reference to gemstone provenance, metal sourcing, recycled-content claims, or material origin is based on supplier information and is not a warranty.

6. Orders, Acceptance, and Formation of Contract

Your submission of an Order through the Site constitutes an offer by you to purchase the Products subject to these Terms. Your receipt of an automated Order acknowledgment or confirmation email does not constitute our acceptance of your Order or the formation of a binding contract. A binding contract is formed only when we, in our sole discretion, approve the Order following internal review and dispatch the Product from our New York studio, or, for any Product not requiring dispatch, when we issue a final confirmation of completion. Until such time, we may, in our sole discretion and for any reason or no reason, refuse, cancel, limit, modify, hold for verification, or decline to process any Order, in whole or in part, including following payment authorization.

6.1 Cancellation by Customer

Because every Product is made to order, cancellation requests by the Customer must be submitted in writing to orders@efemerajewelry.com within twenty-four (24) hours from the time of Order placement, provided that production has not yet commenced (whichever occurs first). Cancellation requests received after this window will not be honored, regardless of production status, except where required by applicable mandatory law that cannot be waived by contract.

6.2 Cancellation by Efemera

We reserve the right, in our sole discretion, to cancel any Order at any time prior to dispatch for any reason, including suspected fraud, pricing or description error, unavailability, supply disruption, shipping restriction, sanctions or export control concerns, prior abuse of our policies, or any other reason we deem appropriate. Where we cancel an Order, our maximum liability to you is a refund or store credit, in our sole discretion, in an amount up to the amounts actually received by Efemera for the cancelled portion of the Order, by such method as we determine. Where the original payment method has been closed, expired, charged back, or is otherwise unavailable, or where payment was made via an installment financing service, we may issue any such refund to the financing provider, to an alternate method of payment, or as store credit, as we determine. This is the Customer’s sole and exclusive remedy.

7. Pricing, Payment, and Pricing Errors

All prices, charges, refunds, and credits are listed and processed in United States Dollars (USD) and are exclusive of applicable taxes, duties, customs, and shipping charges except where expressly stated. We accept payment through Shopify Payments and Shop Pay Installments, subject to the terms of the applicable processor and financing provider. By submitting an Order, you authorize us and our payment processors to charge your designated payment method for the full Order total, including Products, taxes, duties, and shipping. Payment must clear before we will accept an Order. We may, in our sole discretion, decline any Order for which payment is not authorized, appears irregular, or is associated with a prior chargeback, refund abuse, or other risk indicator.

7.1 Pricing Errors and Right to Correct

Products may occasionally be listed at an incorrect price or with incorrect information due to typographical, technical, or other error. We reserve the right, in our sole discretion, to correct any such error and to refuse, cancel, or reverse any Order placed in reliance on such error, even after Order confirmation or after payment has been charged. Where we cancel an Order due to a pricing or description error, we may refund or issue store credit, in our sole discretion, in respect of any amount actually charged, which is the Customer’s sole and exclusive remedy.

7.2 Taxes and Duties

You are responsible for all sales, use, value-added, excise, customs, import, and similar taxes, duties, and governmental charges arising in connection with your Order. Amounts collected at checkout for taxes or duties are estimates and may be adjusted. International duties, taxes, and brokerage fees are the responsibility of the Customer and are non-refundable.

7.3 Chargebacks and Payment Disputes

Initiation of a chargeback or payment dispute without first contacting support@efemerajewelry.com to attempt a good-faith resolution constitutes a material breach of these Terms. We reserve the right, in our sole discretion, to refuse future Orders, suspend or terminate accounts, forfeit promotional credits and benefits, and pursue any remedy available at law or equity in response to wrongful chargebacks.

8. Shipping, Risk of Loss, and Delivery

Shipping is governed by our Shipping Policy, which is incorporated by reference. All delivery dates are estimates only and are not guaranteed. We are not responsible for carrier delays, misdeliveries, customs holds, weather events, or any other event beyond our reasonable control. Except where applicable mandatory consumer-protection law that cannot be waived by contract provides otherwise (including, where applicable, the U.S. FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435, and U.C.C. § 2-509 as enacted in the Customer’s jurisdiction), risk of loss and title to each Product pass to the Customer upon transfer of the Product to the carrier at our facility. You are responsible for providing a complete and accurate shipping address; we are not obligated to reroute, recall, or replace any shipment delivered to an address as provided, and where reshipping is undertaken at our discretion it shall be at the Customer’s expense. Orders with a pre-tax Product subtotal of 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. Any claim for visible shipping damage must be reported within seventy-two (72) hours from the date of delivery, with photographic evidence of the damaged Product, original packaging, and shipping carton retained until the claim is resolved.

9. International Orders

We may, in our sole discretion, ship to Canada, Europe, APAC, and rest-of-world destinations. International Orders may be subject to additional restrictions, longer transit times, mandatory signature, customs inspection, and additional carve-outs from our Refund & Return Policy. The Customer is the importer of record and is solely responsible for compliance with all local laws, duties, taxes, brokerage, and import requirements. Where an international Order is refused, abandoned, returned-to-sender, or seized by customs, we may, in our sole discretion, deduct outbound shipping, return shipping, customs charges, and a handling fee from any refund we elect, in our sole discretion, to issue.

10. Returns, Exchanges, and Damage Claims

All returns and exchanges are governed exclusively by our Refund & Return Policy, which is incorporated by reference. Because each Product is handcrafted to order, all sales are final, except (i) where a Product arrives damaged or defective and the Customer notifies support@efemerajewelry.com in writing within seven (7) calendar days from the date of delivery for visible damage or defects discoverable upon reasonable inspection, and twenty-eight (28) calendar days from the date of delivery for latent manufacturing defects not reasonably discoverable upon initial inspection, in each case with photographic evidence and subject to our inspection and validation, and (ii) where applicable mandatory law provides rights that cannot be waived by contract. Engraved, monogrammed, personalized, resized, altered, or specially commissioned pieces; all rings (which are made to size); gift cards; items flagged as final sale, archive, sample, or sale; and international Orders are not eligible for return except where applicable law requires otherwise. Items in a matched set must be returned together. Any approved return must be made under a valid Return Authorization (RA) issued by Efemera and received by us within fourteen (14) calendar days from the date of issuance of the RA; Products received after such window may be refused or held at Customer’s risk and expense.

High-Value Pieces. For any Product with an individual pre-tax purchase price of 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.

Restocking, Handling, and Inspection Fees. Efemera reserves the right to assess a restocking, handling, or inspection fee of up to twenty percent (20%) of the Product price on any authorized return, EXCEPT that no restocking, handling, or inspection fee shall be assessed on (i) a return arising from a validated damage or defect claim under the Damage Notice Window, (ii) a return required by applicable mandatory law that cannot be waived by contract, or (iii) a return arising from Efemera’s cancellation of the Order.

We reserve the right, in our sole discretion, to inspect any returned Product, to refuse non-conforming returns, to deduct for diminished value, and to suspend or terminate accounts associated with patterns of return abuse, wardrobing, or comparison purchasing.

11. Gifts, Apparent Authority, and Recipients

Where an Order is placed for delivery to a person other than the Customer (a “Recipient”), the Customer who placed and paid for the Order is the sole counterparty to Efemera for all purposes of these Terms, including any cancellation, return, refund, exchange, warranty, or damage claim. No Recipient, donee, or other third party is an intended third-party beneficiary of these Terms, and no Recipient acquires any right to return, refund, exchange, or service in their own name. Efemera may, in its sole discretion, communicate with the Customer of record or, at its election and with appropriate verification, with a Recipient acting with the apparent authority of the Customer, but is not obligated to do so. Information regarding the Order, including the price paid, may not be disclosed to the Recipient without the Customer’s consent except where required by law.

12. Promotional Codes, Gift Cards, and Gifts with Purchase

Promotional codes, discounts, and gifts with purchase are offered at our sole discretion, are non-transferable, may not be combined with other offers, may exclude specified collections, categories, taxes, shipping, or final-sale items, and may be modified or revoked at any time. Where a Product purchased with a promotional benefit is returned and the Order total falls below the applicable threshold, we may, in our sole discretion, deduct the value of the forfeited benefit from any refund. Gift cards are non-refundable, non-transferable, non-replaceable if lost or stolen, may not be redeemed for cash except where required by applicable mandatory law that cannot be waived by contract, may be limited to specified billing or shipping addresses, and are subject to such additional terms as we may impose.

13. Buy-Now-Pay-Later and Third-Party Payment Services

Shop Pay Installments and any other buy-now-pay-later, installment financing, or credit service offered through the Site are provided by third parties and are governed by the terms, privacy policies, and credit determinations of those providers. We are not a party to your agreement with any such provider, do not make credit decisions, and are not responsible for any interest, fee, dispute, or adverse consequence arising from your use of those services. Refunds processed through such services are subject to the provider’s policies, including the treatment of accrued interest, fees, and partial payments. Where a refund or cancellation involves an Order paid through such a financing service, Efemera may, in its sole discretion, remit any refund directly to the financing provider rather than to the Customer, as required by the applicable merchant agreement and consumer-credit law.

14. Mobile Experiences and App Store Pass-Through

To the extent the Site is accessed through any mobile application, native experience, or wrapper made available through a third-party platform or app marketplace (including, without limitation, the Apple App Store and Google Play), you acknowledge and agree that these Terms are entered into between you and Efemera only, and not with any platform operator. Efemera, not the platform operator, is solely responsible for the mobile experience and the Products it offers. Each platform operator is a third-party beneficiary of these Terms solely with respect to provisions that pertain to such platform’s end-user license requirements, and may enforce these Terms against you as such third-party beneficiary. Your use of the mobile experience is also subject to the applicable platform’s usage rules. We are also bound by, and these Terms are subject to, the operative terms of service and acceptable use policies of our underlying commerce platform (currently Shopify); nothing in these Terms is intended to override any provision of such platform terms to which we are bound.

15. Intellectual Property

The Site and all content on it, including text, photographs, video, graphics, illustrations, source code, designs, sketches, product names, collection names, look-and-feel, and the selection and arrangement of the foregoing, are the exclusive property of Efemera, our licensors, or our content providers, and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws. “Efemera,” “Efemera Jewelry,” “Echoes,” and “Draped in Time,” together with associated logos and design marks, are trademarks of Efemera. No license or right to use any of the foregoing is granted to you except as expressly provided in these Terms.

15.1 Limited License to Customers

Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for personal, non-commercial shopping purposes only. You may not copy, reproduce, modify, distribute, publicly display, frame, mirror, scrape, harvest, data-mine, reverse engineer, decompile, create derivative works from, or commercially exploit any portion of the Site or its content without our prior written consent. Use of our trademarks in metatags, advertising, keyword bidding, or domain names is strictly prohibited.

15.2 Custom and Bespoke Designs

Any sketch, prototype, model, rendering, or final piece created by Efemera in connection with a custom, bespoke, or special-order Product, together with all related intellectual property, is and shall remain our exclusive property, unless otherwise expressly agreed in a signed writing executed by an authorized representative of Efemera. We reserve the right, in our sole discretion, to reproduce, modify, market, and commercialize any such design indefinitely, including following delivery to the Customer.

15.3 DMCA Notice and Designated Agent

Efemera respects the intellectual property rights of others and complies with the safe harbor provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512, the “DMCA”). If you believe in good faith that any material on the Site infringes your copyright, you may submit a written notice of claimed infringement to our Designated Agent containing the elements required by 17 U.S.C. § 512(c)(3), including: (i) a physical or electronic signature of the owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the disputed use is not authorized; and (vi) a statement under penalty of perjury that the information is accurate and that you are authorized to act. Send notices to:

Efemera Jewelry, c/o Designated DMCA Agent / Legal Department
Email: ip@efemerajewelry.com
Postal: Efemera Jewelry, Attn: Designated DMCA Agent, c/o Legal Department, P.O. Box / Studio Address on file, New York, NY (current address available upon written request to ip@efemerajewelry.com).

We may, in our sole discretion, remove or disable access to material claimed to be infringing, terminate the accounts of repeat infringers, and take such other actions as we deem appropriate. Counter-notices may be submitted under 17 U.S.C. § 512(g) to the same Designated Agent. Knowingly making a material misrepresentation in a notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f).

16. User Content and Submissions

User Content License. When you submit, upload, post, or otherwise make available any photograph, video, review, comment, testimonial, image, or other content to Efemera through the Site or through a designated submission flow operated by Efemera (collectively, “User Content”), you grant to Efemera a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly display, and publicly perform such User Content in connection with the Site, Efemera’s products and services, and Efemera’s promotional and marketing activities, in any media now known or hereafter developed.

Name, Likeness, and Endorsement Consent (New York Civil Rights Law §§ 50–51). By submitting User Content that includes your name, voice, image, photograph, portrait, signature, or other personal likeness through a designated Efemera submission flow that presents this consent (including a checkbox or comparable affirmative-consent mechanism), you expressly grant Efemera your written consent, for purposes of New York Civil Rights Law §§ 50, 51, and 50-f and any analogous state right-of-publicity or right-of-privacy statute, to use, reuse, publish, and republish your name, voice, image, photograph, portrait, signature, and likeness contained in such User Content for advertising, trade, promotional, and commercial purposes, in any media now known or hereafter developed, without further notice, approval, compensation, or accounting to you. You may revoke this consent prospectively at any time by written notice to privacy@efemerajewelry.com; revocation will not apply to materials already produced, printed, or distributed prior to Efemera’s receipt of the revocation. This consent does not extend to third parties who appear in your User Content but did not themselves submit it; you represent and warrant that you have obtained the consents required by applicable law from any such third parties. Social-media posts that merely tag Efemera or use Efemera-affiliated hashtags but are not submitted through a designated Efemera submission flow are governed only by the platform’s own terms and the rights granted to Efemera as displayed in such posts.

You represent and warrant that you own or control all rights necessary to grant the licenses above, that the User Content does not infringe or violate any third-party right, and that the User Content is not unlawful, defamatory, obscene, harassing, or otherwise objectionable. We may remove, refuse, or moderate any User Content at any time, in our sole discretion, without notice.

17. Prohibited Conduct

You agree that you will not, and will not permit any third party to: use the Site for any unlawful, fraudulent, deceptive, or harmful purpose; access, scrape, crawl, index, data-mine, harvest, or copy the Site or its content by any automated means, including bots, spiders, scripts, or other automated tools; reverse engineer, decompile, disassemble, or attempt to derive source code from any portion of the Site; interfere with, disrupt, overload, or attempt to gain unauthorized access to the Site, its servers, or related infrastructure, including any denial-of-service attempt; transmit any virus, worm, malware, or other malicious code; frame, mirror, or use pop-ups or overlays to present any portion of the Site; impersonate any person, misrepresent your identity, or submit false information; place fraudulent, abusive, or speculative Orders, including comparison-purchasing intended to be returned; resell, redistribute, or otherwise exploit Products, content, or any aspect of the Site for commercial purposes; use the Site to build, train, or benchmark any competing product, service, or model (including any artificial intelligence or machine-learning model); infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other right of any person; or harass, threaten, defame, or harm any other person, including our staff and craftspeople. We reserve the right, in our sole discretion, to investigate suspected violations, cooperate with law enforcement, and pursue all available legal and equitable remedies.

18. Communications, SMS, and Call Recording

By providing contact information, you consent to receive transactional, service, and (where you have opted in) marketing communications from us by email, SMS, push notification, or telephone. SMS frequency may vary; message and data rates may apply; reply STOP to unsubscribe and HELP for help. We are not responsible for carrier charges, message delivery delays, or failures. You consent to the monitoring and recording of any telephone or chat communication with our team for training, quality, and recordkeeping purposes, to the extent permitted by applicable law.

19. Third-Party Sites and Services

The Site may contain links to or integrate with third-party websites, applications, payment processors, social platforms, carriers, financing providers, analytics, and advertising services. We do not control, endorse, or assume responsibility for any third-party content, products, services, terms, or practices, and your interaction with them is at your sole risk and subject to their own terms.

20. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EFEMERA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. ANY ORIGIN, PROVENANCE, RECYCLED-CONTENT, ETHICAL-SOURCING, OR SIMILAR STATEMENT REGARDING METALS OR GEMSTONES IS BASED ON SUPPLIER INFORMATION AND IS PROVIDED WITHOUT WARRANTY.

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.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFEMERA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EFEMERA FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EFEMERA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Indemnification

You agree to defend, indemnify, and hold harmless Efemera and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to (i) your breach of these Terms or any policy incorporated herein; (ii) your use or misuse of the Site or any Product; (iii) your User Content; (iv) your violation of any law or any right of any third party, including any intellectual property, privacy, or publicity right; or (v) any chargeback, fraudulent payment, or false dispute initiated by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

23. Force Majeure

We are not liable for any delay, suspension, or failure to perform any obligation under these Terms where such delay or failure results from any event beyond our reasonable control, including acts of God, fire, flood, earthquake, severe weather, epidemic, pandemic, public health emergency, war, terrorism, civil unrest, sanctions, embargoes, government action or order, labor disputes, strikes, supply chain disruption, raw material shortages, supplier or subcontractor failure, carrier delays, utility or telecommunications failure, cyberattack, or any similar event (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.

24. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

24.1 Informal Resolution (Customer-Initiated Claims)

Before initiating any formal proceeding, Customer agrees to first contact Efemera in writing at hello@efemerajewelry.com and at the postal notice address set forth in Section 30 with a written description of the dispute, and to engage in good-faith negotiation 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.

24.2 Binding Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any Product, or our relationship with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through 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 New York County, New York, 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. Judgment on any award may be entered in any court of competent jurisdiction.

24.3 Class Action and Representative Waiver

YOU AND EFEMERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

24.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EFEMERA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT.

24.5 Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 24 by sending written notice of your election to opt out, signed (electronically or by hand), to hello@efemerajewelry.com and to the postal notice address in Section 30. To be effective, such notice must be received by Efemera 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. Your notice must include your full legal name, the email address used at checkout (if any), the IP or device used to access the Site (if reasonably available), a clear and unambiguous statement that you wish to opt out of arbitration, and your signature. Opting out will not affect any other provision of these Terms.

24.6 Excluded Claims; Equitable Relief

Notwithstanding the foregoing, either party may bring an individual action in small claims court for claims within that court’s jurisdiction, and Efemera may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent unauthorized access to the Site.

25. Governing Law and Venue

These Terms and any dispute arising out of or relating to them, the Site, or any Product are governed by the laws of the State of New York 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. To the extent any dispute is not subject to arbitration under this Policy, the parties submit to the state and federal courts located in New York County, New York 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.

26. 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.

27. California Residents — Cal. Civ. Code § 1789.3 Notice

Under California Civil Code § 1789.3, California residents are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Complaints regarding services offered by Efemera may also be directed to Efemera at hello@efemerajewelry.com and at the postal notice address in Section 30.

28. Accessibility Statement

Efemera is committed to making the Site accessible to all visitors, including those with disabilities. We endeavor to align the Site with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where reasonably feasible, and we welcome feedback. If you encounter any accessibility barrier or need assistance placing an Order, please contact us at accessibility@efemerajewelry.com or at hello@efemerajewelry.com, and we will use commercially reasonable efforts to assist. This statement is informational and does not create or enlarge any legal right or remedy, and does not constitute a warranty of conformance with any specific accessibility standard.

29. Termination and Suspension; Survival

We reserve the right, in our sole discretion and without notice or liability, to suspend, restrict, or terminate your access to the Site, any account, or any pending Order at any time and for any reason, including any suspected violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, Sections 1 (Defined Terms), 5 (Made-to-Order and Natural Material Variation, as to delivered Products), 6.2 (Cancellation by Efemera, as to refund mechanics), 10 (Returns and Damage Claims), 11 (Gifts and Apparent Authority), 13 (BNPL), 14 (Mobile / Platform Pass-Through), 15 (Intellectual Property, including 15.2 Custom Designs and 15.3 DMCA), 16 (User Content, including all licenses, representations, and consents granted), 17 (Prohibited Conduct), 20 (Disclaimer of Warranties), 21 (Limitation of Liability), 22 (Indemnification), 24 (Dispute Resolution, Arbitration, Class Action and Jury Trial Waivers, and Opt-Out), 25 (Governing Law and Venue), 26 (Statutory Rights), 27 (California Notice), 30 (Notices), 31 (Assignment), and 32 (Severability, Entire Agreement, and No Waiver).

30. Notices and Electronic Communications

You consent to receive all notices, agreements, disclosures, and other communications from us electronically. We may provide notices by posting to the Site, by email to the address associated with your account, or by any other reasonable means. Legal notices to Efemera, including any notice of dispute under Section 24.1, any arbitration demand under Section 24.2, any opt-out notice under Section 24.5, and any service of process where permitted, must be sent in writing to hello@efemerajewelry.com and by traceable courier or certified mail to: Efemera Jewelry, Attn: Legal Department, c/o Designated Agent, New York, NY (current postal address available upon written request to hello@efemerajewelry.com and updated from time to time on the Site). The email address support@efemerajewelry.com is provided for returns and customer-care correspondence only and does not constitute a valid address for legal notice. A notice is effective upon actual receipt by Efemera at both addresses.

31. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under these Terms at any time, in our sole discretion, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

32. Severability; Reformation; Entire Agreement; No Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be reformed to the minimum extent necessary to be enforceable, or, if reformation is not possible, severed, and the parties intend that the reformed or remaining provisions be enforced to the maximum extent permitted by law and that the balance of these Terms remain in full force and effect. These Terms, together with our Privacy Policy, Cookie Policy, Shipping Policy, Refund & Return Policy, Purchase Policy, any other policy or agreement incorporated by reference or presented to you at the time of purchase, and the operative terms of service of our underlying commerce platform (currently Shopify) to which Efemera is bound, constitute the entire agreement between you and Efemera and supersede all prior or contemporaneous understandings on the subject. Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

33. Contact

Efemera Jewelry — New York, NY

• General inquiries: hello@efemerajewelry.com
• Returns and exchanges (customer care only — not legal notice): support@efemerajewelry.com
• Order cancellations: orders@efemerajewelry.com
• Privacy and data requests: privacy@efemerajewelry.com
• Intellectual property / DMCA: ip@efemerajewelry.com
• Accessibility: accessibility@efemerajewelry.com
• Postal notice address for legal service: Efemera Jewelry, Attn: Legal Department, c/o Designated Agent, New York, NY (current address available upon written request).