Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website https://donnyebernicellc.com/ (the “Site”), and any purchase of handcrafted jewelry, artisanal goods, or use of related services (the “Services”) provided by Donnye Bernice LLC (“we”, “us”, “our”), a business located at 6420 s 10th st apt1209 Tacoma WA 98465.
 
By accessing, browsing, or using the Site, placing an order for our handcrafted products, or otherwise engaging with our Services (collectively, “Your Use of the Services”), you (“you”, “your”) agree to be legally bound by these Terms, as well as our Privacy Policy, Shipping Policy, and Return & Refund Policy (all incorporated herein by reference). If you do not agree to all of these Terms, you must not access or use the Site or our Services.
 
We reserve the right to update, modify, or revise these Terms at any time, without prior notice to you. Any changes will be effective immediately upon posting to the Site, with the “Last Updated” date revised accordingly. Your continued Use of the Services after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically for updates, especially for provisions related to our handcrafted and custom jewelry offerings.
 

1. Eligibility to Use the Services

 
To use our Site and Services, you must:
 
  • Be at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract;
  • Provide true, accurate, and complete information when using the Site, placing orders, or contacting our customer service team;
  • Comply with all applicable federal, state, and local laws of the United States, as well as any international laws relevant to your purchase and receipt of our products (if ordering internationally);
  • Not access or use the Site for any illegal, fraudulent, or unauthorized purpose.
 
If you are using the Services on behalf of a business, organization, or other entity, you warrant that you have the full authority to bind that entity to these Terms.
 

2. User Responsibilities & Prohibited Conduct

 
When using the Site and our Services, you agree to the following obligations and shall not engage in any of the prohibited conduct listed below. We reserve the right to suspend or terminate your access to the Site at our sole discretion for any violation of these responsibilities or prohibited conduct:
 

2.1 User Responsibilities

 
  • Protect your account credentials (if applicable) and notify us immediately at service@donnyebernicellc.com if you suspect any unauthorized use of your account or a breach of the Site’s security;
  • Provide accurate shipping, billing, and contact information for all orders to ensure timely fulfillment and delivery;
  • Review all product descriptions, including details about handcrafted variations, sizing, and materials, before placing an order;
  • Comply with all our posted policies (Shipping, Return & Refund, Privacy) and any additional terms provided for custom or made-to-order products.
 

2.2 Prohibited Conduct

 
  • Using the Site or Services for any illegal, fraudulent, or deceptive purpose, including but not limited to credit card fraud or identity theft;
  • Uploading, posting, or transmitting any content on the Site (if applicable) that is offensive, defamatory, harassing, violent, obscene, infringing, or that violates the intellectual property, privacy, or other legal rights of any third party;
  • Interfering with or disrupting the operation of the Site, including by using viruses, bots, malware, or other malicious software, or by overloading, crashing, or spamming our servers;
  • Attempting to reverse engineer, decompile, modify, copy, or reproduce any part of the Site, its software, design, or our handcrafted product designs without our prior written consent;
  • Reselling, redistributing, or exploiting our handcrafted products or the Site’s content for commercial gain without our explicit written permission;
  • Impersonating Donnye Bernice LLC, our employees, or any other person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
  • Tampering with the Site’s functionality, including product pricing, inventory, or order processing systems;
  • Collecting or harvesting any personal information of other Site users (if applicable) for any purpose.
 

3. Orders, Purchases & Handcrafted Product Provisions

 
All orders placed through the Site or in-person for our handcrafted jewelry and artisanal goods are subject to these Terms, as well as our Shipping Policy and Return & Refund Policy. We reserve the right to accept, reject, or cancel any order at our sole discretion, for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.
 

3.1 Order Placement & Acceptance

 
When you place an order on the Site, you submit a binding offer to purchase the selected handcrafted product(s) at the listed price (plus applicable taxes, shipping fees, and any other charges). We will send you an email confirmation of your order receipt, but this confirmation does not constitute order acceptance. Our acceptance of your order occurs only when we ship the product(s) and send a shipping confirmation email, or when we confirm a custom order in writing.
 
We may reject or cancel your order for reasons including, but not limited to:
 
  • Out-of-stock or discontinued handcrafted products (including materials shortages for custom pieces);
  • Typographical or pricing errors on the Site (e.g., incorrect product pricing or shipping costs);
  • Suspected fraudulent activity or invalid payment information;
  • Incomplete or inaccurate shipping/billing information provided by you;
  • Limitations on order quantities (e.g., for limited-edition handcrafted pieces).
 
If we cancel a confirmed order, we will notify you via email and issue a full refund of any payment you have made, with no further liability to you.
 

3.2 Pricing & Payment

 
  • All product prices are listed in U.S. Dollars (USD) and are subject to change without prior notice, unless otherwise stated on the product page. Prices include the cost of our handcrafting labor and materials, and exclude applicable sales tax, shipping fees, and international customs duties (if applicable).
  • We collect sales tax in accordance with Washington state law and the laws of any other U.S. state where we are required to collect tax.
  • We accept major credit cards, debit cards, and other payment methods as indicated on the Site at checkout. By providing payment information, you warrant that you are the authorized user of the payment method and that all information is accurate and complete.
  • We process payments through trusted third-party payment processors; we do not store your full payment details on our servers.
  • You agree to pay the full amount due for your order (including all taxes, shipping fees, and other charges) at the time of purchase. We reserve the right to verify payment information and delay or cancel orders to prevent fraudulent activity.
 

3.3 Handcrafted & Custom Product Variations

 
All our jewelry and artisanal goods are handcrafted by hand, and as such, minor variations in color, finish, sizing, and detail may exist between the product images on the Site and the actual product you receive. These variations are a hallmark of handcrafted work and do not constitute a defect or non-conformity with the product description. We make every effort to ensure product images are accurate, but we cannot guarantee an exact match for handcrafted pieces.
 
For custom or made-to-order products, you acknowledge that:
 
  • We will follow your specified customizations (e.g., size, material, design) to the best of our ability;
  • Custom orders may require additional processing time (as outlined in our Shipping Policy);
  • Custom products are non-returnable and non-refundable (except in the case of manufacturing defects, per our Return & Refund Policy).
 

3.4 Product Availability

 
We strive to maintain accurate inventory information for our ready-to-ship handcrafted products, but stock levels may change quickly due to the limited production of our artisanal goods. If a product is listed as in-stock but becomes unavailable after you place an order, we will notify you via email and offer you a full refund or a store credit (at your option). We are not liable for any damages resulting from out-of-stock products or materials shortages for custom pieces.
 

4. Intellectual Property Rights

 
All intellectual property rights in and to the Site, our handcrafted product designs, logos, brand names, trademarks, copyrights, text, graphics, images, and all other content (the “Intellectual Property”) are owned exclusively by Donnye Bernice LLC or our licensors. All such rights are reserved under U.S. and international intellectual property laws.
 
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and view the Intellectual Property solely for your personal, non-commercial use, in compliance with these Terms. You may not:
 
  • Copy, reproduce, distribute, display, or share any of our Intellectual Property without our prior written consent;
  • Modify, adapt, alter, or create derivative works from our Intellectual Property (including our handcrafted product designs);
  • Sell, rent, lease, or license our Intellectual Property to any third party;
  • Use our Intellectual Property for any commercial or promotional purpose without our explicit written permission.
 
Any unauthorized use of our Intellectual Property constitutes a violation of these Terms and applicable intellectual property laws, and we reserve the right to take legal action to protect our rights.
 
If you submit any content to the Site (e.g., product reviews, feedback, or design ideas) (if applicable), you grant us a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, and distribute such content for our business purposes, without attribution or compensation to you. You warrant that all content you submit is your original work and does not infringe on the intellectual property or other legal rights of any third party.
 

5. Limitation of Liability

 
To the maximum extent permitted by applicable Washington state and U.S. federal law, Donnye Bernice LLC shall not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with Your Use of the Services, your purchase of our handcrafted products, or these Terms, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
 
Our total aggregate liability to you for any claim arising out of or related to these Terms, the Site, the Services, or our products shall not exceed the total amount you paid to us for the specific product(s) that are the subject of the claim.
 
This limitation of liability applies regardless of the cause of action (whether in contract, tort, negligence, strict liability, or otherwise), and does not apply to:
 
  • Damages caused by our gross negligence or willful misconduct;
  • Personal injury or property damage caused by a manufacturing defect in our products;
  • Fraud or intentional misrepresentation by us;
  • Any other liability that cannot be limited under applicable law.
 
We shall not be liable for any damages or losses resulting from:
 
  • Your failure to comply with these Terms or our posted policies;
  • Delays or failures in order fulfillment due to materials shortages, supply chain disruptions, or other factors beyond our reasonable control;
  • Minor variations in handcrafted products (as outlined in Section 3.3);
  • Acts of God, war, terrorism, civil unrest, natural disasters, or other events beyond our reasonable control;
  • Carrier delays, lost or stolen packages (except as outlined in our Shipping Policy);
  • International customs fees, delays, or seizures (for international orders).
 

6. Disclaimers

 
The Site and our Services are provided to you “as is” and “as available”, without any warranties of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:
 
  • Implied warranties of merchantability and fitness for a particular purpose: We warrant that our handcrafted products are free from manufacturing defects at the time of shipment, but we do not warrant that the products will meet your specific aesthetic or functional requirements;
  • Warranties of accuracy and completeness: We make every effort to ensure product descriptions, images, and pricing on the Site are accurate, but we do not warrant that the Site’s content is error-free, complete, or up-to-date;
  • Warranties of uninterrupted or secure use: We do not warrant that the Site will be available 24/7, uninterrupted, or free of viruses, malware, or other harmful components;
  • Warranties for custom products: We do not warrant that custom products will match your exact expectations, only that they will be crafted in accordance with the specifications you provide (to the best of our ability);
  • Third-party warranties: We do not make any warranties on behalf of third-party payment processors, shipping carriers, or other service providers used in connection with our Services.
 
Any oral or written statements made by our employees or representatives shall not create any warranty not expressly stated in these Terms. Your use of the Site and purchase of our products is at your own risk.
 

7. Termination

 
We may suspend or terminate your access to the Site and our Services at any time, without prior notice or liability to you, for any reason in our sole discretion, including but not limited to:
 
  • A breach or violation of these Terms or any of our posted policies;
  • Suspected fraudulent, illegal, or unauthorized use of the Site or Services;
  • Inactivity of your account (if applicable) for an extended period of time;
  • A request from a law enforcement or government agency;
  • Our decision to discontinue or modify the Site, Services, or any part thereof.
 
Upon termination of your access to the Site:
 
  • Your right to use the Site and Services will immediately cease;
  • You remain liable for any obligations incurred prior to termination (including payment for any orders placed);
  • All provisions of these Terms that by their nature should survive termination (e.g., Intellectual Property, Limitation of Liability, Disclaimers) shall remain in full force and effect.
 
You may also terminate your use of the Site at any time by ceasing all access to the Site and deleting any account you have created (if applicable).
 

8. Indemnification

 
You agree to indemnify, defend, and hold harmless Donnye Bernice LLC, its owners, employees, agents, and suppliers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
 
  • Your Use of the Services and violation of these Terms;
  • Your purchase, use, or resale of our handcrafted products;
  • Any content you submit to the Site (if applicable) that infringes on the intellectual property, privacy, or other legal rights of a third party;
  • Your failure to comply with any applicable law, regulation, or third-party right;
  • Any injury, damage, or loss caused to any person or property by your use of our products (excluding manufacturing defects);
  • Any fraudulent or unauthorized activity associated with your use of the Site or payment information.
 
You shall cooperate fully with our defense of any such claim, and we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you shall not settle any claim without our prior written consent.
 

9. Third-Party Links & Services

 
The Site may contain links to third-party websites, services, or platforms (e.g., social media, shipping carriers, payment processors) that are not owned or operated by Donnye Bernice LLC. These links are provided for your convenience only, and we do not endorse, control, or assume any responsibility for the content, privacy policies, terms of service, or practices of any third-party websites.
 
Our Terms and policies do not apply to any third-party websites, and your use of these websites is at your own risk. We encourage you to review the privacy policy and terms of service of any third-party website you visit before providing any personal information or using their services. We are not liable for any damages or losses arising out of or in connection with your use of third-party websites or services.
 

10. Governing Law & Dispute Resolution

 

10.1 Governing Law

 
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to its conflict of laws principles. Any claims arising out of or related to these Terms, the Site, the Services, or our handcrafted products shall be subject to the exclusive jurisdiction of the state and federal courts located in Pierce County, Washington, and you consent to the personal jurisdiction of these courts.
 

10.2 Dispute Resolution

 
Any dispute, claim, or controversy arising out of or relating to these Terms, your purchase of our products, or Your Use of the Services shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved by negotiation within 30 days, the dispute shall be submitted to binding arbitration in Pierce County, Washington, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
 
Arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties. The costs of arbitration shall be allocated in accordance with the AAA Rules, or as otherwise agreed by the parties. You waive your right to participate in a class action lawsuit, class arbitration, or any other consolidated dispute resolution proceeding against us.
 

11. Miscellaneous

 

11.1 Entire Agreement

 
These Terms, together with our Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and Donnye Bernice LLC regarding Your Use of the Services and purchase of our products. These Terms supersede all prior or contemporaneous oral or written agreements, communications, and understandings between the parties.
 

11.2 Severability

 
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.
 

11.3 Waiver

 
Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
 

11.4 Assignment

 
You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, to any third party without our prior written consent. We may assign or transfer these Terms at any time without your consent, including in connection with a merger, acquisition, or sale of all or part of our business assets.
 

11.5 Force Majeure

 
We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control (a “Force Majeure Event”), including but not limited to: natural disasters, war, terrorism, civil unrest, labor strikes, power outages, internet or network failures, materials shortages, supply chain disruptions, or compliance with applicable law. Upon the occurrence of a Force Majeure Event, our performance shall be suspended for the duration of the event, and we shall use reasonable efforts to resume performance as soon as possible.
 

11.6 Notices

 
All notices, requests, or other communications under these Terms shall be sent to us via email at service@donnyebernicellc.com, or via physical mail at our address: 6420 s 10th st apt1209 Tacoma WA 98465. Notices shall be deemed received on the date of delivery (for email) or the date of postmark (for physical mail).
 

12. Contact Us

 
If you have any questions, concerns, or requests regarding these Terms of Service, our handcrafted products, or our Services, please contact our customer service team at:
 
 
We will respond to your inquiries within 24-48 business hours (Monday-Friday, excluding U.S. federal holidays) and work to resolve any issues to your satisfaction. Thank you for supporting Donnye Bernice LLC and our handcrafted jewelry and artisanal goods—we appreciate your trust in our small business!