These Terms of Use establish a legally binding agreement between you (whether as an individual or on behalf of an entity, “you”) and MIKHA, along with its affiliates and subsidiaries, collectively referred to as “MIKHA,” concerning your use of the http://www.mikhajewelry.com website, the MIKHA Mobile App, and other related media forms, channels, mobile websites, or applications (collectively, the “Sites”). By accessing the Sites, you acknowledge that you have read, comprehended, and agreed to abide by all these Terms of Use. If you do not agree with any part of these Terms, it is expressly prohibited to use the Sites, and you must discontinue use immediately.
Additional terms, conditions, or documents that may be posted on the Sites are explicitly incorporated into these Terms of Use. MIKHA reserves the right to make changes or modifications to these Terms at its sole discretion, notifying users by updating the “Last updated” date. You waive any right to receive specific notice of each change, and it is your responsibility to review these Terms periodically. Continued use of the Sites after any modifications constitutes acceptance of the revised Terms of Use.
The information provided on the Sites is not intended for distribution or use in any jurisdiction or country where such actions would be contrary to law or regulation, subjecting MIKHA to registration requirements. Users accessing the Sites from other locations are responsible for complying with local laws.
The Sites do not cater to industry-specific regulations (such as HIPAA, FISMA, etc.), and if your interactions are subject to such laws, the Sites should not be used. Additionally, the Sites may not be used in violation of the Gramm-Leach-Bliley Act (GLBA).
The Sites are designed for users aged 18 and above, and individuals under 18 are not permitted to use or register for the Sites.
Unless explicitly stated otherwise, the Sites represent our exclusive property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics found on the Sites (collectively referred to as the “Content”). Additionally, the trademarks, service marks, and logos found on the Sites (the “Marks”) are either owned or under our control, or licensed to us. These assets are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws in Canada, the United States, international copyright laws, and international conventions.
The Content and Marks are made available on the Sites “AS IS” for your personal information and use only. Unless expressly permitted in these Terms of Use, no part of the Sites, including the Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent. Subject to your eligibility to use the Sites, you are granted a limited license to access and use the Sites, as well as to download or print a copy of any portion of the Content for your personal, non-commercial use, provided you have gained access appropriately. We retain all rights not expressly granted to you in relation to the Sites, the Content, and the Marks.
By utilizing the Sites, you affirm and guarantee that: (1) all information submitted during registration is true, accurate, up-to-date, and complete; (2) you will ensure the ongoing accuracy of such information and promptly update it as needed; (3) you possess the legal capacity and commit to adhering to these Terms of Use; (4) you are not a minor in your jurisdiction of residence; (5) you will not employ automated or non-human methods, including bots or scripts, to access the Sites; (6) you will refrain from using the Sites for any illegal or unauthorized purposes; and (7) your usage of the Sites will not breach any applicable laws or regulations. In the event that you furnish information that is false, inaccurate, outdated, or incomplete, we retain the right to suspend or terminate your account and reject any current or future use of the Sites, or any part thereof.
Registration with the Sites may be necessary. You commit to maintaining the confidentiality of your password and assume responsibility for all activities conducted using your account and password. We retain the right to delete, recover, or modify any username you choose if we deem, at our sole discretion, that the username is inappropriate, obscene, or objectionable. If you enroll in a MIKHA+ Membership, your utilization of your MIKHA+ Account and the Sites will be governed by these Terms, as well as the MIKHA+ Membership terms and conditions available at https://mikhajewelry.com/company/membership.
We strive to present the colors, features, specifications, and details of the products on the Sites as accurately as possible. Nevertheless, we cannot ensure that the colors, features, specifications, and details of the products are entirely precise, comprehensive, reliable, current, or devoid of errors. Your electronic display may not faithfully represent the actual colors and details of the products. Product availability is contingent upon stock, and we cannot assure the availability of items. We retain the right to cease the availability of any products at any time and for any reason. Prices for all products are susceptible to change.
We my accept various forms of payment, including Visa, Mastercard, American Express, Discover, PayPal, Maestro, JCB, Diners Club, Union Pay, Google Pay, Apple Pay, and others, as determined by us from time to time.
To ensure smooth transactions, you agree to provide accurate and complete purchase and account information for all transactions on the Sites. It is your responsibility to promptly update account and payment information, including email address, payment method, and payment card expiration date. Sales tax, as required, will be added to the purchase price. Prices are subject to change, and payments must be made in the specified currency(ies) on the Sites.
By placing an order, you authorize us to charge your chosen payment method for the total amount, including purchase price and any applicable shipping fees. We reserve the right to correct errors or mistakes in pricing, even after payment is requested or received.
We retain the right to reject any order on the Sites. In our sole discretion, we may limit or cancel quantities per person, household, or order. Such limitations may apply to orders under the same customer account, using the same payment method, or sharing the same billing or shipping address. We also reserve the right to restrict or prohibit orders that, in our judgment, seem to be placed by dealers, resellers, or distributors.
Before making any purchases, we strongly recommend reviewing our Return Policy, which is available on the Sites. Familiarizing yourself with our Return Policy will provide you with important information regarding the procedures and conditions associated with returning products. If you have any questions or concerns, please don’t hesitate to contact us for clarification.
You are only permitted to access and use the Sites for the intended purpose for which they are made available. Commercial use, unless explicitly endorsed or approved by us, is strictly prohibited.
As a user of the Sites, you agree to refrain from:
1. systematically extracting data or content from the Sites without our written permission for the purpose of creating collections, compilations, databases, or directories;
2. engaging in any unauthorized use of the Sites, including gathering usernames or email addresses for unsolicited emails or creating user accounts through automated means or false pretenses;
3. employing buying agents or purchasing agents for transactions on the Sites;
4. using the Sites for advertising or offering goods and services;
5. circumventing, disabling, or interfering with security features of the Sites;
6. engaging in unauthorized framing or linking to the Sites;
7. attempting to deceive us or other users, especially to obtain sensitive account information;
8. making improper use of support services or submitting false reports of abuse or misconduct;
9. employing any automated use of the system, such as using scripts for comments or messages, or using data mining, robots, or similar tools;
10. interfering with, disrupting, or placing an undue burden on the Sites or the connected networks or services;
11. attempting to impersonate another user or person or using another user’s username;
12. selling or transferring your profile;
13. using information obtained from the Sites to harass, abuse, or harm another person;
14. using the Sites to compete with us or for any revenue-generating or commercial purpose;
15. deciphering, decompiling, disassembling, or reverse engineering any software part of the Sites;
16. attempting to bypass measures designed to prevent or restrict access to the Sites;
17. harassing, annoying, intimidating, or threatening our employees or agents providing the Sites;
18. deleting copyright or proprietary rights notices from any Content;
19. copying or adapting the Sites’ software, including Flash, PHP, HTML, JavaScript, or other code;
20. uploading or transmitting viruses, Trojan horses, or other disruptive material;
21. uploading or transmitting any material acting as an information collection or transmission mechanism, such as gifs, pixels, web bugs, cookies, or similar devices;
22. using automated systems, including spiders, robots, cheat utilities, scrapers, or offline readers, to access the Sites;
23. disparaging, tarnishing, or otherwise harming us and/or the Sites;
24. using the Sites in a manner inconsistent with applicable laws or regulations.
The Sites may offer features such as chat, blogs, message boards, and forums, allowing you to contribute content, including text, video, audio, images, comments, suggestions, or personal information (collectively referred to as “Contributions”). These Contributions may be visible to other users and on third-party websites. By creating or sharing Contributions, you affirm and guarantee that:
1. Your Contributions do not infringe on the proprietary rights of any third party, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. You are the creator and rightful owner of the Contributions or possess the necessary licenses, rights, consents, releases, and permissions to authorize us, the Sites, and other users to use your Contributions as outlined in these Terms of Use.
3. You have obtained written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness as required for the inclusion and use of your Contributions on the Sites.
4. Your Contributions are accurate and truthful, with no false or misleading information.
5. Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable according to our discretion.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any individual or group.
8. Your Contributions do not advocate for the violent overthrow of any government or incite, encourage, or threaten physical harm against others.
9. Your Contributions comply with all applicable laws, regulations, and rules.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not solicit personal information from individuals under the age of 18 or exploit minors in a sexual or violent manner.
12. Your Contributions do not violate any laws related to child pornography or intended to protect the well-being of minors.
13. Your Contributions do not include offensive comments related to any Prohibited Ground, including age, ancestry, citizenship, color, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, or sexual orientation.
14. Your Contributions do not violate any provision of these Terms of Use or any applicable law or regulation.
Any use of the Sites that contravenes the above constitutes a violation of these Terms of Use and may result in the suspension or termination of your rights to use the Sites.
By posting Contributions on any part of the Sites or linking your account from the Sites to your social networking accounts, you automatically grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute your Contributions for any purpose, including commercial and advertising purposes. This license covers any form, media, or technology, whether currently known or developed in the future, and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images provided by you. You waive all moral rights in your Contributions, and you confirm that no moral rights have been asserted in your Contributions.
We do not claim ownership of your Contributions, and you retain full ownership of all intellectual property rights associated with them. We are not responsible for any statements or representations in your Contributions, and you agree not to take legal action against us regarding your Contributions. We reserve the right, at our sole discretion, to edit, redact, or change any Contributions, re-categorize them, or pre-screen or delete them without notice. We have no obligation to monitor your Contributions.
When leaving reviews or ratings on the Sites, you must adhere to the following criteria: (1) you should have firsthand experience with the person or entity being reviewed; (2) your reviews must not include offensive profanity, abusive language, racism, offensive content, or hate speech; (3) your reviews must not contain discriminatory references based on a “Prohibited Ground”; (4) your reviews must not reference illegal activity; (5) if posting negative reviews, you should not be affiliated with competitors; (6) you should not make conclusions about the legality of conduct; (7) your reviews must not include false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are not obligated to screen or delete reviews, even if they are considered objectionable or inaccurate by others. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the reviews.
As part of the functionality offered by the Sites, you have the option to link your account with third-party service providers’ online accounts (“Third-Party Accounts”). This linkage can be achieved either by providing your login information for the Third-Party Account through the Sites or by allowing us to access your Third-Party Account, in accordance with the terms and conditions governing your use of each Third-Party Account. You affirm that you have the right to disclose your Third-Party Account login information to us, enabling access without violating any terms and conditions, and without subjecting us to fees or usage limitations imposed by the third-party service provider.
By granting us access to your Third-Party Accounts, you acknowledge that (1) we may access, make available, and store any content you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is accessible on and through the Sites via your account, including friend lists, and (2) we may submit to and receive from your Third-Party Account additional information, as notified during the account linking process. Depending on your chosen Third-Party Accounts and subject to your privacy settings, personally identifiable information posted on those accounts may be accessible on and through your Sites account. Please be aware that if a Third-Party Account or associated service becomes unavailable, or if our access is terminated, Social Network Content may no longer be accessible through the Sites. You retain the ability to disable the connection between your Sites account and your Third-Party Accounts at any time.
YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not undertake the review of any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for such content. You acknowledge and agree that we may access your email address book linked to a Third-Party Account and your contacts list stored on your mobile device or tablet solely for the purpose of identifying and informing you about contacts who have also registered to use the Sites. You can deactivate the connection between the Sites and your Third-Party Account by contacting us or through your account settings (if applicable). We will make an effort to delete information obtained through such Third-Party Account from our servers, except for the username and profile picture associated with your account.
You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Sites (“Submissions”) provided by you to us are non-confidential and shall become our exclusive property. We shall possess the sole and exclusive rights, including all intellectual property rights, and have the unrestricted authority to use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without the need for acknowledgment or compensation to you. By submitting such content, you waive all moral rights associated with these Submissions, and you confirm that they are either original or that you possess the necessary rights to submit them. You agree that you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
The Sites may include links to other websites (“Third-Party Websites”) and feature articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from third parties (“Third-Party Content”). We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of such Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies found in the Third-Party Websites or the Third-Party Content.
The inclusion of, linking to, or permission for the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you choose to leave the Sites and access Third-Party Websites or use/install any Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. It is advisable to review the relevant terms, policies, including privacy and data gathering practices, of any website you visit from the Sites or concerning any applications you use or install from the Sites. Any purchases made through Third-Party Websites are transactions between you and the third party, and we assume no responsibility for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites and hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you agree to hold us harmless from any losses or harm caused to you in any way by Third-Party Content or contact with Third-Party Websites.
We retain the right, though not the obligation, to:
1. Monitor the Sites to identify violations of these Terms of Use.
2. Take appropriate legal action, at our discretion, against individuals who violate the law or these Terms of Use, including reporting such users to law enforcement authorities.
3. Refuse, restrict access to, limit availability, or disable (to the extent technologically feasible) any of your Contributions or any part thereof, at our discretion and without limitation.
4. Remove from the Sites or disable all files and content that, at our discretion and without limitation, are excessive in size or burdensome to our systems.
5. Manage the Sites in a manner aimed at safeguarding our rights and property and ensuring the proper functioning of the Sites.
We prioritize data privacy and security. Kindly review our Privacy Policy. Your use of the Sites implies your agreement to comply with our Privacy Policy, which is an integral part of these Terms of Use.
During your use of and interactions with the Sites, you are prohibited from posting, modifying, distributing, or reproducing any content that constitutes copyrighted material belonging to others without obtaining their prior written consent. This includes the submission of designs. MIKHA has the discretion to remove any content that is believed to infringe on the copyright rights of others and may terminate the accounts of users deemed to be infringers.
If you believe that your work has been copied or posted on the Sites in a way that constitutes copyright infringement, please provide a written communication with the following details:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are involved, a representative list.
3. Identification of the infringing material and information to enable its location.
4. Contact information of the complaining party.
5. A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information provided is accurate, and the complaining party is authorized to act on behalf of the copyright owner.
Please contact us via form. Note that knowingly misrepresenting that material or activity is infringing may result in liability.
These Terms of Use will remain effective as long as you use the Sites. Without limiting any other provision of these Terms of Use, we have the right, at our sole discretion and without notice or liability, to deny access to and use of the Sites (including blocking certain IP addresses) to any person, for any reason or for no reason. This includes, but is not limited to, breaches of any representation, warranty, or covenant in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Sites, delete your account, and remove any content or information you posted at any time, without warning, in our sole discretion.
If your account is terminated or suspended, you are not allowed to register and create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
We retain the right to change, modify, or remove the contents of the Sites at our sole discretion, without notice and for any reason. However, we are not obligated to update any information on our Sites.
You acknowledge and agree that we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites. While we strive for continuous availability, we cannot guarantee that the Sites will be accessible at all times. Potential hardware, software, or other issues, as well as maintenance requirements, may lead to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at our discretion, without notice. You agree that we bear no liability for any loss, damage, or inconvenience resulting from your inability to access or use the Sites during any downtime or discontinuance. These Terms of Use do not impose an obligation on us to maintain, support, or provide any corrections, updates, or releases for the Sites.
These terms are governed by and construed in accordance with the laws of the United States. MIKHA, its affiliates, subsidiaries, and you irrevocably consent to the exclusive jurisdiction of the courts sitting in the City of Sheridan, Wyoming, United States, to resolve any disputes arising in connection with these terms. MIKHA and its affiliates and subsidiaries also reserve the right to bring proceedings regarding the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
MIKHA is dedicated to ensuring that our Sites and Content are accessible and user-friendly for everyone. If you encounter challenges in viewing or navigating the Content on the Sites or have suggestions to enhance accessibility for individuals with disabilities, please contact us.
It’s important to note that there might be information on the Sites that includes typographical errors, inaccuracies, or omissions related to offerings such as descriptions, pricing, and availability. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Sites at our discretion and without prior notice.
The Sites are provided on an “as-is” and “as-available” basis. Your use of the Sites’ services is at your sole risk. We disclaim all warranties, express or implied, regarding the Sites and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Sites’ content or the content of any websites linked to the Sites. We assume no liability for (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage resulting from your access to and use of the Sites, (3) any unauthorized access to or use of our secure servers and/or personal and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Sites, (5) any bugs, viruses, Trojan horses, or the like transmitted through the Sites by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the Sites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sites or any linked website. We will not be responsible for monitoring any transaction between you and third-party providers of products or services. Exercise caution and use your best judgment when purchasing products or services through any medium.
Under no circumstances will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This includes lost profit, lost revenue, loss of data, or other damages arising from your use of the Sites, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will be limited to the lesser of the amount paid by you to us during the six (6) month period prior to any cause of action arising or $400.00 USD. Certain jurisdictions’ laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party due to or arising out of: (1) your Contributions; (2) use of the Sites; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Sites with whom you connected via the Sites. While reserving the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, we agree to make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
We will retain specific data that you send to the Sites to facilitate the management of the Sites’ performance and to track your use of the Sites. While we conduct regular backups of data, it is your sole responsibility for all data you transmit or that is associated with any activity you engage in using the Sites. You acknowledge that we bear no liability to you for any loss or corruption of such data, and you hereby waive any claims against us arising from such loss or corruption.
Your visits to the Sites, sending us emails, and completing online forms are considered electronic communications. By using the Sites, you consent to receive electronic communications, agreeing that all agreements, notices, disclosures, and other communications provided to you via email or on the Sites meet any legal requirement for written communication. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Sites. You waive any rights or requirements under any laws that mandate an original signature, or non-electronic records’ delivery, retention, or payments and credits by means other than electronic methods.
If you have a complaint that is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use, along with any additional policies or rules posted by us on the Sites, constitute the complete agreement and understanding between you and us. Our failure to enforce any right or provision in these Terms of Use does not waive that right or provision. These Terms of Use are valid to the maximum extent allowed by law. We have the right to assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. If any part of these Terms of Use is deemed unlawful, void, or unenforceable, that part is considered separate and does not impact the validity and enforceability of the remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us simply because we drafted them. You also waive any defenses based on the electronic form of these Terms of Use and the absence of signatures by the parties involved.
MIKHA is dedicated to ensuring the accessibility and user-friendliness of our Sites for everyone. If you encounter challenges in viewing or navigating the Sites or have suggestions to enhance accessibility for individuals with disabilities, please reach out to us.
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Be in the Loop
take 10% off your first order and shop new arrivals first.
© 2024 MIKHÀ
our team is delighted to assist you with your orders, style advice, gift ideas, and more. please feel free to contact us anytime.
for more information on returns, shipping and more, please visit our faq’s section.
