THE PHOENIX JEWELRY AND ART
TERMS OF SERVICE
Effective Date: January 12, 2026
Welcome to The Phoenix. These Terms of Service ("Terms") govern your use of our website, services, and purchases of jewelry and art products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1. Acceptance of Terms
By creating an account, making a purchase, or otherwise accessing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and The Phoenix.
2. Eligibility
You must be at least 18 years old to use our Services and make purchases. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Products and Services
3.1 Product Descriptions: We make every effort to accurately display the colors, features, specifications, and details of our jewelry and art products. However, we do not guarantee that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Actual products may vary slightly from their photographic representations.
3.2 Pricing: All prices are displayed in US Dollars and are subject to change without notice. We reserve the right to modify prices at any time. The price charged for a product will be the price in effect at the time the order is placed, subject to these Terms.
3.3 Availability: All products are subject to availability. We reserve the right to discontinue any product at any time. In the event that a product is listed at an incorrect price or with incorrect information due to an error, we reserve the right to refuse or cancel any orders placed for that product.
3.4 Custom Orders: Custom jewelry and art commissions are subject to separate agreements and may require deposits. Custom orders are non-refundable once work has commenced.
4. Orders and Payment
4.1 Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason.
4.2 Payment: We accept major credit cards, debit cards, and other payment methods as displayed on our website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.
4.3 Payment Processing: Payment is due at the time of purchase. We use third-party payment processors to facilitate transactions, and your payment information will be processed in accordance with their respective privacy policies and security measures.
5. Shipping and Delivery
5.1 Shipping: We ship to addresses within the United States and select international locations. Shipping costs and estimated delivery times are provided at checkout. We are not responsible for delays caused by shipping carriers or customs.
5.2 Risk of Loss: Title and risk of loss pass to you upon delivery to the carrier. We strongly recommend purchasing shipping insurance for high-value items.
5.3 Inspection: You should inspect your order upon receipt. If you receive damaged or defective products, please contact us within 48 hours of delivery with photographic evidence.
6. Returns and Refunds
6.1 Return Policy: We accept returns of unworn, unaltered jewelry and undamaged art within 30 days of delivery. Items must be returned in their original condition and packaging with all certificates and documentation. Custom, engraved, or personalized items are non-returnable unless defective.
6.2 Refund Process: Upon receipt and inspection of returned items, we will process refunds to the original payment method within 10 business days. Shipping costs are non-refundable unless the return is due to our error or a defective product.
6.3 Restocking Fee: A restocking fee of 15% may apply to certain returns, particularly for high-value items or special orders.
7. Warranties and Disclaimers
7.1 Limited Warranty: We warrant that our jewelry and art products are free from defects in materials and workmanship under normal use for a period of one year from the date of purchase. This warranty does not cover damage resulting from misuse, abuse, negligence, or normal wear and tear.
7.2 Gemstone and Metal Disclosure: All gemstones and precious metals are described to the best of our knowledge. We provide certificates of authenticity where applicable. However, natural variations in gemstones are normal and do not constitute defects.
7.3 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PHOENIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
9. Intellectual Property
9.1 Ownership: All content on our website, including but not limited to text, graphics, logos, images, photographs, designs, and software, is the property of The Phoenix or its licensors and is protected by copyright, trademark, and other intellectual property laws.
9.2 Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any content from our website without our prior written permission, except for your personal, non-commercial use.
10. User Conduct
You agree not to: (a) use our Services for any unlawful purpose or in violation of these Terms; (b) attempt to gain unauthorized access to our systems or networks; (c) interfere with or disrupt the Services; (d) transmit any viruses, malware, or other harmful code; (e) engage in any fraudulent activity; or (f) collect information about other users without their consent.
11. Account Security
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
12. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by The Phoenix. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Phoenix and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
14. Dispute Resolution
14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the US Virgin Islands, without regard to its conflict of law provisions.
14.2 Arbitration: Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in US Virgin Islands, and judgment on the arbitration award may be entered in any court having jurisdiction.
14.3 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the "Effective Date." Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Phoenix regarding the use of our Services and supersede all prior agreements and understandings.
19. Contact Information
If you have any questions about these Terms, please contact us at:
The Phoenix Jewelry and Art
Dockside Building, Parcel 4C, Unit 1E, St John, VI 00830
Phone: +1 340-225-8117
* * *
By using The Phoenix's Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.