USER AGREEMENT and Privacy Policy

User’s Acknowledgment and Acceptance of Terms and Conditions

 

The ROYALBRILLIANCE.CA website and its associated services and content (collectively, the “Website”) is owned and operated by RBG (Royal Brilliance Gallery Inc. (“RBG Royal Brilliance Gallery),” “our,” “we,” or “us”).  By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”).  This Agreement is made by and between RBG (Royal Brilliance Gallery) and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”).  This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from RBG (Royal Brilliance Gallery), making sales to RBG (Royal Brilliance Gallery), and placing orders with RBG.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE.  BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. RBG (ROYAL BRILLIANCE GALLERY) STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME.  YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU.  YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

 

By purchasing from, making sales to or ordering from RBG, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Because this Agreement contains legal obligations, please read it carefully.

Please direct any legal questions regarding this Agreement to:

RBG (Royal Brilliance Gallery Inc.).

Attn:  Customer Services

# 178 – 7181 YONGE STREET

MARKHAM – L3T0C7

Service@royalbrilliance.ca

 

 

  1. About the Website

RBG (Royal Brilliance Gallery) provides an interactive service that allows visitors and users to purchase physical bullion, such as gold and silver, online or over the phone.  RBG (Royal Brilliance Gallery) provides high quality products to its customers by working closely with mints and distributors.

The Website and related content on the Website should not be considered complete or up to date.  Your reliance upon any information provided by RBG (Royal Brilliance Gallery), RBG’s contractors and employees, others appearing on the Website at invitation by RBG (Royal Brilliance Gallery), or other visitors or users of this Website, is solely at your own risk.  You understand that RBG (Royal Brilliance Gallery) is not obligated to provide any maintenance, technical or other support for the Website.

  1. Ownership of Website and License

You acknowledge and agree that RBG (Royal Brilliance Gallery) is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of RBG (Royal Brilliance Gallery).

RBG (Royal Brilliance Gallery) hereby grants you a limited, non-exclusive, non-sub licensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.

Absent prior written permission from RBG, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to RBG (Royal Brilliance Gallery).

  1. Trademarks

All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners.  Specifically, all RBG marks are the property of RBG (Royal Brilliance Gallery), including, but not limited to RBG and all RBG (Royal Brilliance Gallery) logos.  The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of RBG. You are prohibited from using RBG (Royal Brilliance Gallery)’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of RBG (Royal Brilliance Gallery).

  1. Account Registration

Account registration and use of the Website is free.  You may search, view, purchase products from this Website as a guest, without registering for an account.  If you choose to register an account and create a User Profile, complete the required information.  When creating an account, placing an order, on the Website, you are agreeing to receive email and/or text notifications.  You may opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code.  We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.  Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.  In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.

You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website.  RBG (Royal Brilliance Gallery) reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorized access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account and all associated User Profiles.  You accept full responsibility for all use of your account, whether authorized or unauthorized.  In the case of unauthorized access to your account, you agree to contact RBG (Royal Brilliance Gallery) immediately.  You agree to hold harmless and indemnify RBG for any damages that arise out of, or in relationship to, the use of your Account.

  1. Order Policies and Procedures

By creating an Account, you agree that RBG (Royal Brilliance Gallery), and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.

You may make purchases, sell to, and order from RBG (Royal Brilliance Gallery) only in accordance with this Agreement and accompanying policies and procedures.  Upon placing an order to purchase or sell with RBG (Royal Brilliance Gallery), you have entered into a binding and legally enforceable agreement.  Prices and availability are subject to change without notice.

When placing an order on the Website, the price at which your order is submitted is the guaranteed price.  An “order number” will subsequently be forwarded to you via email.  Your credit card information is required to guarantee all orders.  In order to reserve your guaranteed price, your payment must be received by RBG (Royal Brilliance Gallery) within two (2) business days for bank wire orders.  All check orders must be postmarked for delivery within one (1) business day.  If a check payment is not received in its entirety within ten (10) calendar days of the original order date, or a bank wire order is not received in its entirety within two (2) business days of the original order date, any market losses between the order date and time of non-payment will be assessed.

A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check).  In most cases, orders will be denied if payment is completed after the allotted time frame.  If any order is in error due to RBG (Royal Brilliance Gallery)’s fault or otherwise, we reserve the right to cancel the order.

  1. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.  We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud.  If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation.  We fully reserve the right to cooperate with authorities to prosecute offenders of the law.

  1. Payment Options

RBG (Royal Brilliance Gallery) requires all payments be made via credit card, debit card, bank wire, certified check, PayPal Account or money order.  RBG (Royal Brilliance Gallery) does not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, RBG reserves the right to request additional documentation for certain orders.  RBG also reserves the right to hold cleared certified checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Payment via bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize RBG (Royal Brilliance Gallery) to authorize and capture your credit card payment prior to shipment.

Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor, such as Stripe and/or PayPal.  You understand and agree that a 3-5% charge may appear in your pending transactions when you process an order through RBG (Royal Brilliance Gallery)’s third-party payment processors. This charges will be added at the end charge. You agree that you are solely responsible for paying all applicable taxes(HST), duties, or charges imposed by any governmental entity anywhere in the Shipping in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.  You understand and agree that RBG (Royal Brilliance Gallery) will not be held liable for any user’s failure to complete a transaction entered through the Website.

RBG (Royal Brilliance Gallery) expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

In the instance of an insufficient funds paper check payment, RBG (Royal Brilliance Gallery) reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the credit/debit card on file.

  1. Payment Instructions

RBG (Royal Brilliance Gallery) will issue payment instructions to you during the ordering process and via email following completion of your order.  RBG (Royal Brilliance Gallery) does not accept Cash on Delivery orders.  RBG reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for down payment amount.

We do not accept any Personal Cheque and all Bank draft Cheques should be cleared after your order then you can pick up or collet your product(s).

  1. Cancellation Policy

Once you have placed an order with RBG (Royal Brilliance Gallery) you have entered into a binding legal agreement and you may not cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to RBG (Royal Brilliance Gallery)) at RBG (Royal Brilliance Gallery)’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.

All order offset requests must be made during normal business hours, Monday-Friday, 10:00 AM to 6:00 PM Toronto, Canada Central time. RBG reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.

Offsetting orders may be approved over telephone, or email, at which time RBG (Royal Brilliance Gallery) shall provide you with a cancellation confirmation and the total Market Losses and fees.  Offsetting orders are subject to our market loss policy. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee.  In the event of a confirmed cancelled order, you expressly authorize RBG (Royal Brilliance Gallery) to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price.  Alternatively, in the event your credit or debit card is denied, RBG (Royal Brilliance Gallery) reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within ten (10) business days.  Future orders are not permitted unless and until any cancellation and other related fees are paid in full.  All market gains on cancellations shall belong solely to RBG (Royal Brilliance Gallery).

For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After RBG has shipped the product, the order is final and cannot be canceled.  If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. RBG (Royal Brilliance Gallery) reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders RBG(Royal Brilliance Gallery) deems questionable or suspicious, for orders RBG(Royal Brilliance Gallery) deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when RBG(Royal Brilliance Gallery) does not receive payment within the allotted timeframe.

RBG (Royal Brilliance Gallery) is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, RBG will contact you directly with notification of the cancellation.

In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, RBG (Royal Brilliance Gallery) may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $25.00 charge will be charged to the customer’s credit card on file.

 

  1. Return Policy

RBG (Royal Brilliance Gallery)’s refund, return is limited to five (3) business days from the date you receive the item.  You must notify RBG (Royal Brilliance Gallery)’s Customer Service Department via telephone at 647-878-(GOLD)4653 within five (3) business days from the date you receive the item and follow the instructions provided to you at that time.  Shipping and handling charges are non-refundable.  You are fully responsible for all taxes, as well as return shipping and handling costs, including insuring your return shipment.  RBG (Royal Brilliance Gallery) may reject any returned or exchanged item that does not conform to these terms.  Shipments returned to us will not be held more than 3 days. Returns, refunds and are subject to RBG (Royal Brilliance Gallery)’s Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to RBG (Royal Brilliance Gallery).

  1. RBG (Royal Brilliance Gallery) Market Loss Policy

Upon issuance of an order number following a purchase from RBG (Royal Brilliance Gallery), the price is guaranteed, and you may not cancel the transaction.  The transaction may only be offset at RBG (Royal Brilliance Gallery)’s current asking price.  If your item is cancelled, you are responsible for any deficit between the price at which RBG (Royal Brilliance Gallery) sold the item to you and the offsetting purchase price.  As set forth above, all cancellations are subject to our Market Value (Sell and Buy).  Market gains on cancellations or returns shall remain the property of RBG (Royal Brilliance Gallery).

Without limiting any other legal or equitable rights and remedies that may be available to RBG (Royal Brilliance Gallery), RBG may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that RBG (Royal Brilliance Gallery) may have to you.  RBG (Royal Brilliance Gallery) also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to RBG.

  1. Shipment

Most orders are shipped within one business day after clearing time.  RBG (Royal Brilliance Gallery) fully insures all its shipments, and each package over $1,000 requires a signature upon delivery directly from Canada Post.  Should anything happen while your package is in transit to you, it will be covered by Canada Post Insurance policy. However, once a package is shown to be delivered by the carrier, RBG (Royal Brilliance Gallery)’s responsibility ends.  It is important you are prepared to be physically present at the shipping address when the shipment is delivered. We will not accept responsibility if the carrier leaves the package without your acceptance, leaves the package without a signature, or leaves the package with anyone other than the addressee.  This includes but is not limited to a building manager, neighbor, a business mailroom, drop-off location such as mailboxes, etc., post office boxes, the UPS Store, the Military Postal Service, etc. Additionally, we will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, a business mailroom, the Military Postal Service or any person(s) that is not the addressee listed on the order.

When we ship to you, if the package is lost or damaged in transit, RBG (Royal Brilliance Gallery Inc.) assumes responsibility to pursue any claim with the insurance company; provided, however, you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request, including the signing of an Affidavit stating the circumstances surrounding the damaged/lost merchandise within the allotted time frame.  If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to reship your items or refund your money at our discretion.

Please note that RBG (Royal Brilliance Gallery) will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported to RBG within two (2) business days, else RBG (Royal Brilliance Gallery) may deny any claim.

If a package becomes lost in transit, it is your responsibility to notify RBG of this within five (5) days of the last in transit tracking scan. While RBG (Royal Brilliance Gallery) will make reasonable efforts to locate the package behalf of you to Shipping company, RBG will not be held liable for packages lost in transit without notice within five (5) days of the last in transit tracking scan. You are solely responsible for any packages, along with the contents and monetary value thereof, that are lost in transit without notification to RBG (Royal Brilliance Gallery) within five (5) days of the last in transit tracking scan.

  1. User Generated Content

RBG (Royal Brilliance Gallery) may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews.  Except as otherwise licensed herein, you own all rights in and to your User Generated Content.  User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.  User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website.  You expressly acknowledge, however, that RBG (Royal Brilliance Gallery) does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

You agree you are solely responsible for any User Generated Content you submit to the Website.  RBG (Royal Brilliance Gallery) acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.  RBG (Royal Brilliance Gallery) does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

RBG (Royal Brilliance Gallery) reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms and conditions of this Agreement.  RBG(Royal Brilliance Gallery) also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms and conditions of this Agreement, or for no reason, and without prior notice.

).

Overall, the Website may contain links to third party websites, applications, or services that RBG(Royal Brilliance Gallery) does not own or control. You agree that RBG(Royal Brilliance Gallery) will not be held responsible or liable for the content of third-party websites, applications, or services.

The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of RBG(Royal Brilliance Gallery).

  1. Disclaimers, Exclusion

CAUTION:  All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of RBG (Royal Brilliance Gallery).  You, and not RBG (Royal Brilliance Gallery), are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all.  Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment.  You represent and warrant to RBG (Royal Brilliance Gallery) that you have sufficient experience and knowledge to make informed financial decisions and that RBG (Royal Brilliance Gallery) is not making any recommendation with respect to such purchases and/or such sales.

  1. Disclaimer of Warranties

RBG (ROYAL BRILLIANCE GALLERY) PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  RBG (ROYAL BRILLIANCE GALLERY) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.  RBG COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF OR FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

RBG (ROYAL BRILLIANCE GALLERY) WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. RBG (ROYAL BRILLIANCE GALLERY) IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. RBG (ROYAL BRILLIANCE GALLERY) RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

RBG (ROYAL BRILLIANCE GALLERY) WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT RBG (ROYAL BRILLIANCE GALLERY)’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT.  THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL, OF WHICH ARE OUTSIDE OF RBG (ROYAL BRILLIANCE GALLERY)’S CONTROL.

PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RBG (ROYAL BRILLIANCE GALLERY) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

  1. Limitation of Liability

RBG(ROYAL BRILLIANCE GALLERY) SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDERS OR BUY BACK SALES PLACED VIA THE RBG(ROYAL BRILLIANCE GALLERY) ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE RBG(ROYAL BRILLIANCE GALLERY) ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. RBG(ROYAL BRILLIANCE GALLERY) SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, RBG(ROYAL BRILLIANCE GALLERY) SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND RBG(ROYAL BRILLIANCE GALLERY)’S REASONABLE CONTROL. RBG SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE RBG (ROYAL BRILLIANCE GALLERY) ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. RBG (ROYAL BRILLIANCE GALLERY) IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

  1. Indemnity and Release

You agree to defend, indemnify and hold RBG (Royal Brilliance Gallery) and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to RBG(Royal Brilliance Gallery), or (g) your failure to perform your obligations hereunder.  If you are obligated to provide indemnification pursuant to this provision, RBG (Royal Brilliance Gallery) may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense.  Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without RBG (Royal Brilliance Gallery)’s consent.

You are hereby agreeing to release RBG(Royal Brilliance Gallery) and its subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

  1. Relationship

The sole relationship between you and RBG (Royal Brilliance Gallery) is that of purchaser-seller.  No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

  1. No Waiver

Upon your failure to comply with your duties and obligations to RBG(Royal Brilliance Gallery), the latter reserves all rights and remedies available at law or in equity.  No delay or failure on the part of RBG(Royal Brilliance Gallery) in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy.  In addition, no partial exercise by RBG(Royal Brilliance Gallery) of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.  In the event you fail to comply with this Agreement, you expressly authorize and grant to RBG (Royal Brilliance Gallery) the right to charge your credit card for any and all market losses incurred by RBG(Royal Brilliance Gallery), including, without limitation, administrative fees for accepting your orders to either buy from or sell to RBG(Royal Brilliance Gallery) as a result of price and market fluctuations for which you did not fulfill.

  1. No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of RBG(Royal Brilliance Gallery). 

  1. Force Majeure

You acknowledge and understand if RBG(Royal Brilliance Gallery) and/or the Website are unable to provide the products and/or services as a result of a force majeure event, RBG(Royal Brilliance Gallery) and/or the Website will not be in breach of any of its obligations to you under this Agreement.  A force majeure event means any event beyond the control of RBG(Royal Brilliance Gallery) and/or the Website.  RBG(ROYAL BRILLIANCE GALLERY) SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

  1. Entire Agreement

This Agreement constitutes the entire agreement between you and RBG (Royal Brilliance Gallery Inc.) and governs your use of the Website, superseding any prior agreements.

  1. Integration

RBG (Royal Brilliance Gallery Inc.) hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind RBG (Royal Brilliance Gallery).

  1. Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and RBG (Royal Brilliance Gallery) will not knowingly collect personally identifiable information from children under the age of eighteen (18). If RBG (Royal Brilliance Gallery) inadvertently collects such personally identifiable information, RBG (Royal Brilliance Gallery) will delete the personally identifiable information in accordance with its security protocols.

  1. Reservation of Rights

All rights not expressly granted herein are reserved to RBG (Royal Brilliance Gallery Inc.).

  1. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy.  By using this Website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

Copyright 2020 RBG (Royal Brilliance Gallery Inc.).