Terms of service

OVERVIEW
Welcome to NL Gold Factory Inc! The terms “we”, “us” and “our” refer to NL Gold Factory Inc. NL Gold Factory Inc operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). NL Gold Factory Inc is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT 
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence. Use of the Services by minors is permitted only under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. You assume full financial and legal responsibility for all activity conducted through your account by any minor dependents.

To access the Services or complete a purchase, you must provide current, complete, and accurate information (including email, billing, payment, and shipping details). We may, at our sole discretion, immediately refuse service, terminate accounts, or cancel orders if we suspect any information provided is false, inaccurate, or intended to impersonate another person. You represent and warrant that you have all legal rights necessary to provide the payment information submitted.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the website without notice. We do not guarantee that this site will be uninterrupted, timely, or error-free. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site, including loss of data due to server downtime.

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your login information. You may not sell, trade, gift, or otherwise transfer your account to any third party. You agree to notify us immediately of any unauthorized use or suspected breach of security.

SECTION 2 - OUR PRODUCTS 
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor or mobile device's display of any color or texture will be accurate. Minor variations in color, shade, or appearance are inherent to digital displays and shall not be deemed a product defect or a misrepresentation. In case of any doubts or questions, it is your responsibility to contact us.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your subjective expectations. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to modify or discontinue any product or service at any time without liability to you or any third party. We shall not be liable for any price change, suspension, or discontinuance of the Services.

We reserve the right, but are not obligated, to limit the (quantity) sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer and to cancel orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors.

SECTION 3 - ORDERS
The receipt of an order number or an order confirmation email does not constitute the acceptance of an order or a confirmation of an offer to sell. Your order constitutes an offer to purchase, which NL Gold Factory Inc reserves the right to accept or decline, in our sole discretion, for any reason—including but not limited to credit concerns, unusual price fluctuations in precious metals, or suspected fraud.

We must receive and successfully process your payment before an order is accepted. In the event of a payment reversal or chargeback after an item has shipped, NL Gold Factory Inc reserves the right to seek all legal remedies, including reporting the item as stolen to law enforcement.

Please review your order carefully for accuracy. Once an order is accepted and enters our processing system, it is considered final. NL Gold Factory Inc is under no obligation to honor cancellation requests once it is shipped. If we make a change to or cancel an order, we will attempt to notify you via the contact information provided; however, we are not responsible for failed notifications due to inaccurate contact data.

You represent and warrant that your purchases are for your own personal or household use only. Purchases for commercial resale, "flipping," or unauthorized export are strictly prohibited. We reserve the right to limit quantities or cancel orders that appear to violate this provision.

All purchases are subject to return or exchange solely in accordance with our Refund Policy. Due to the fluctuating market value of gold and precious metals, certain items may be designated as "Final Sale" and ineligible for return.

NLGF reserves the right to decline acceptance of your order if we are unable to obtain authorization for payment; if your transaction fails our fraud risk analysis; if shipping restrictions apply to a particular item; if the item ordered does not meet our quality control standards and is withdrawn, out of stock; or if there is an error in pricing or content. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable for any indirect or consequential loss, damage or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the goods in question. 

We may suspend or terminate your access to the site immediately and without notice to you if:

• you fail to make payment to us when due
• you breach any of our terms and conditions
• when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
• we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity

We reserve the right not to accept your order if:

• we have insufficient stock to deliver the goods you have requested; or
• we do not deliver to your area; or
• one or more of the items you ordered was priced incorrectly due to a typographical error or resulting from a fluctuation in the prices of precious metals or gems.

If we do not accept your order, we will notify you by email or by telephone and we will credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order cancellation. We shall not be obliged to offer any compensation for disappointment suffered.

ORDER CANCELLATION
Orders can be cancelled at any time up until the order is dispatched, meaning you should cancel it as soon as possible BEFORE you receive the email from us confirming that your order has been shipped. Unfortunately, we cannot cancel an order after it has been shipped. In such case, please wait until you receive the items and then follow the procedure to return the products. Please be advised that you will be responsible for any return shipping charges. Shipping is not refundable in case an order is shipped before it is cancelled.

To cancel your order, you must notify us of your decision as soon as you can by email at sales@nlgoldfactory.com using the subject heading ‘CANCELLATION’ and supplying your order number and address.

Please note that custom made orders, personalized jewellery are not eligible for returns/refunds/exchanges/store credits.

SECTION 4 - PRICES AND BILLING 
All prices are reflected in Canadian Dollars. Prices, discounts, and promotions are subject to change without notice. Due to rapid market fluctuations, prices are not final until manually verified by our team. Automated confirmation emails containing pricing errors or outdated market rates are not binding and may be voided. We reserve the right to cancel any orders arising from pricing or typographical errors. If you order an item for which the price published on this website is incorrect for any reason, we will email you to inform you that your order has been cancelled outlining the reason for cancellation and the correct price of the item. Any monies paid for the goods in the circumstances described in this section, shall be refunded in full within 30 days of the date of order cancellation. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit/debit card.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. All such taxes and charges will be added to your total and itemized in your shopping cart and order confirmation.

Prices posted on our Site may differ from prices offered by third-party retailers or at our physical locations. Promotions offered on the Services may be governed by separate terms. If a conflict arises between promotion terms and these Terms, the promotion terms will govern only during the specified promotion period. Standard terms apply once the promotion expires. Promotions cannot be combined unless specifically stated otherwise.

You agree to provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel any order if we suspect fraud or an unauthorized or illegal transaction. By submitting payment information, you represent and warrant that:

1. The information is true, correct, and complete.
2. You are duly authorized to use such payment method.
3. Charges incurred will be honored by your financial institution.
4. You will pay all charges incurred at the posted prices, including all applicable taxes and shipping fees.
5. There are sufficient funds in your account to cover the payment of the goods ordered.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. 

If payment is not received or is declined by your credit card issuer, you agree to pay all amounts due upon demand. You shall be responsible for all costs of collection, including reasonable attorneys' fees, any bank fees associated with chargebacks or returned payments, any shipping, handling fees and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We ship orders Canada wide using trackable shipping services. Tracking IDs will be sent via email used while making purchase once a shipping label has been generated. All delivery times are estimates only and are not guaranteed. We are not liable for shipping and delivery delays including delays caused by shipping carriers, customs processing, or events outside our control. We will not be responsible for orders if the address provided is wrong.

Ownership in all goods remains with us until full payment of all amounts due to us have been received from you. Risk of loss for items purchased from us passes to you upon our delivery of the items to the carrier. NL Gold Factory Inc is not responsible for packages that are stolen, misplaced, or lost during transit or after the carrier has confirmed delivery.

Please note that our Standard Free shipping includes only tracking information and delivery confirmation.

For return shipping, the risk and ownership lies with you until goods are received and signed for by us. 

Please note that shipping cannot be re-routed once an item has been shipped out. If ordering more than one item, items may arrive in instalments.

If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

Shipping charges are non-refundable if orders are cancelled after they are shipped ; or if items are exchanged or returned for no fault of ours (manufacturing defects, wrong item shipped etc.). Return shipping is not provided if items are returned or exchanged for no fault of ours. Re-shipping for exchanged items will be your expense.

SECTION 6 - INTELLECTUAL PROPERTY 
All content included in or made available through the Services—including, but not limited to, trademarks, displays, product reviews, jewelry designs, photographs, graphics, text, logos, button icons, images, audio clips, video clips, and software—is the exclusive property of NL Gold Factory Inc or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You shall not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or republish any material from our Services without our express written permission.
• Use any of our content for the purpose of training artificial intelligence (AI) or machine learning models.
• Reverse engineer, decompile, or disassemble any jewelry designs or software to replicate our products.
• Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

NL Gold Factory Inc’s name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of NL Gold Factory Inc. You must not use such marks without prior written permission. All other names, logos, and slogans on the Services are the trademarks of their respective owners.

Unauthorized use of our intellectual property may result in severe civil and criminal penalties, including monetary damages and injunctive relief. We reserve the right to seek maximum legal remedies for any infringement.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
NL Gold Factory Inc is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with NL Gold Factory Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NL Gold Factory Inc, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NL Gold Factory Inc. 

SECTION 10 - PRIVACY POLICY 
By using our Services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Your continued use of the Services constitutes your explicit agreement to the terms outlined in our Privacy Policy.

Our Services are hosted on Shopify Inc. ("Shopify"), which provides us with the online e-commerce platform that allows us to sell our products to you. By utilizing the Services, you acknowledge and agree that your data is stored through Shopify’s data storage, databases, and general applications. Your personal information may be transmitted to, and processed by, Shopify and other third-party service providers (such as payment gateways) in accordance with their respective privacy policies.

While we take steps to ensure your data is secure, NL Gold Factory Inc is not responsible for the privacy practices, data handling, or security measures of Shopify or any other third-party service provider. You agree to review the privacy policies of Shopify and any third-party payment processors directly.

You acknowledge that your information may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction, where the data protection laws may differ from those in your jurisdiction.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order and received an auto-confirmation email/text).

We have no obligation to update, amend, or clarify information on our Services, including without limitation, pricing information, except as required by law. The existence of an error in pricing, availability, or description does not constitute a binding offer to sell at that erroneous price or under those incorrect terms.

NL Gold Factory Inc shall not be liable for any damages—including, but not limited to, direct, indirect, incidental, or consequential damages—resulting from typographical errors, inaccuracies, or omissions in our Services. In the event of a pricing error, we will notify you of the error and provide you with the option to proceed with the purchase at the correct price or cancel your order for a full refund.

SECTION 13 - PROHIBITED USES 
You agree to access and use the Services for lawful purposes only. You may not, directly or indirectly, use the Services to:

• Violate any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• Infringe upon our intellectual property rights or those of others, including creating derivative works or reverse-engineering our designs.
• Harass, threaten, defame, slander, or disparage NL Gold Factory Inc, its employees, or any other person, including submitting fraudulent or malicious reviews.
• Transmit false, misleading, or fraudulent information, including using stolen payment methods.

You agree that you will not:

• Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract data.
• Use content from our Services for the purpose of training artificial intelligence (AI) or machine learning models.
• Upload viruses, worms, Trojan horses, or any other malicious code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
• Interfere with or circumvent the security features of the Services or any related website.

NL Gold Factory Inc reserves the right to immediately suspend, disable, or terminate your access to the Services, and to cancel any pending orders, at our sole discretion and without notice, if we determine that you have violated any part of these Terms. We further reserve the right to report any fraudulent or illegal activity to the appropriate law enforcement authorities.

SECTION 14 - TERMINATION 
We may terminate this agreement or suspend your access to the Services (or any part thereof), in our sole discretion, at any time, for any reason, and without prior notice. In the event of termination, you remain liable for all amounts due up to and including the date of termination.

Upon termination, your right to use the Services will immediately cease. We reserve the right to delete all data and content associated with your account without liability.

The following provisions shall survive any termination of this agreement:

• Intellectual Property
• Feedback
• Termination
• Disclaimer of Warranties
• Limitation of Liability
• Indemnification and Defense
• Dispute Resolution and Class Action Waiver
• Severability
• Governing Law
• Privacy Policy
• Any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES 
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY NL GOLD FACTORY INC, THE SERVICES AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

This includes, but is not limited to:

• Implied warranties or conditions of merchantability.
• Fitness for a particular purpose (e.g., jewelry is decorative, not an investment guarantee).
• Title and non-infringement.
• Durability (including, but not limited to, the lifespan of plating or specific stone settings under heavy use).

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THE SERVICES WILL BE AVAILABLE THROUGH ANY SPECIFIC THIRD-PARTY PLATFORM (INCLUDING SHOPIFY).

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 16 - LIMITATION OF LIABILITY 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NL GOLD FACTORY INC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, without limitation, damages for:

• Lost profits, revenue, or savings.
• Loss of data, goodwill or replacement costs.
• Personal injury, property damage, or allergic reactions resulting from the use or misuse of our products.
• Any damages resulting from technical issues, downtime, or security breaches of the Shopify platform.

NOTWITHSTANDING THE FOREGOING, IF NL GOLD FACTORY INC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICES OR OUR PRODUCTS, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION 
YOU AGREE TO INDEMNIFY, DEFEND (AT YOUR SOLE EXPENSE), AND HOLD HARMLESS NL GOLD FACTORY INC, SHOPIFY, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• YOUR BREACH OR VIOLATION OF THESE TERMS.
• YOUR USE OR MISUSE OF THE SERVICES OR OUR PRODUCTS (INCLUDING CLAIMS ARISING FROM PRODUCT LIABILITY OR PERSONAL INJURY CAUSED BY YOUR USE).
• YOUR VIOLATION OF ANY LAW, REGULATION, OR THE RIGHTS OF A THIRD PARTY.
• ACTIONS TAKEN BY ANYONE ACCESSING THE SERVICES USING YOUR ACCOUNT CREDENTIALS.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

If we assume defense, you will cooperate fully with us in asserting any available defenses and will pay all associated costs as they are incurred. You shall not settle any claim that imposes liability or a non-monetary obligation on NL Gold Factory Inc without our prior written consent.

SECTION 18 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. If a provision is found to be void or unenforceable, it shall be reformed to the minimum extent necessary to make it valid and enforceable, or, if reformation is not possible, it shall be deemed to be severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT 
The failure of NL Gold Factory Inc to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of NL Gold Factory Inc.

These Terms, along with our Privacy Policy and any other policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us, and govern your use of the Services. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms, or salesperson representations). This is an integrated agreement, and no other promises or warranties apply.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party, but rather shall be construed in a manner that favors NL Gold Factory Inc to the maximum extent permitted by law.

SECTION 20 - ASSIGNMENT 
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt by you shall be null, void, and of no legal effect.

We may transfer, assign, or delegate these Terms and our rights and obligations hereunder, in whole or in part, to any third party without restriction, without your consent, and without notice to you.

SECTION 21 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Canadian laws and the laws of the province of Newfoundland and Labrador, without regard to its conflict of law principles.

Any legal suit, dispute, claim, proceeding or controversy arising out of or relating to these Terms, the Services, or our products shall be exclusively settled by binding arbitration in St. John’s, Newfoundland and Labrador, in accordance with the Arbitration Act (Newfoundland and Labrador). The decision of the arbitrator shall be final and binding upon both parties.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and NL Gold Factory Inc waive any right to a jury trial

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE 
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes automatic acceptance of those changes.

We will endeavor to notify you of any material changes to these Terms (such as changes to pricing, liability, or dispute resolution) in accordance with applicable law, usually via email (if we have it) or a prominent notice on our site displayed for 30 consecutive days. Such changes will be effective on the date specified in the notice, or immediately if no date is specified.

SECTION 24 - PROMOTIONS, DISCOUNTS AND LAYAWAYS

Only one promotional code can be used per order unless otherwise stated. If a code is defective, expired, or invalid, its value cannot be deducted from an order, and no replacement codes will be issued. When an order is placed using a promotional code, the discount value is spread over each item. Any refund for an item purchased with a code will be reduced by the prorated value of the discount applied to it; no cash value for the discount will be refunded.

Promotions may not be applicable outside Canada. Within Canada, any shipping charges for delivery of prizes or gifts are the responsibility of the winner. Prizes are final sale, cannot be exchanged, and are not convertible to cash.

We will only announce winners via our official social media accounts after a contest has closed. We will never ask for personal or financial details, nor will we ask you to register on a third-party website to claim a prize. It is your responsibility to verify any win by contacting us directly via email at sales@nlgoldfactory.com or by calling 709-747-7031. NL Gold Factory Inc is not liable for any losses suffered due to your disclosure of sensitive, personal, confidential, financial information to fake accounts or phishers. You cannot hold us responsible for such losses.

Layaway contracts are binding. All items held on layaway are FINAL SALE; no refunds, exchanges, or returns are permitted. Custom or personalized orders are not eligible for returns, refunds, or exchanges under any circumstances. If you fail to complete payments according to the agreed schedule, the layaway contract will be cancelled. In such event, all payments made to date will be forfeited to NL Gold Factory Inc as liquidated damages and not as a penalty, intended to cover reasonable administrative costs, restocking fees, and storage fees associated with the cancelled contract.

SECTION 25 - RETURNS, REFUNDS, EXCHANGES

RETURNS
If you wish to return an item, please email us at sales@nlgoldfactory.com to notify us of the return in writing within 7 days of receiving the goods. Please provide your order number in the email with the subject line ‘RETURNS’.

You should make it clear if you are returning for an exchange, credit note, or refund for the item. Unfortunately, we are not able to provide free returns unless the return is due to a manufacturing defect or an error on our part. Cost of shipping exchanged item will be payable by you.

You must take reasonable care of all goods in your possession and return them to us, appropriately packaged to avoid damage, within 14 days of receiving the goods. We reserve the right to arrange collection, in which case you will be responsible for collection charges.

Any items returned without prior notice in writing will not be accepted. All returns must be accompanied by the original sales receipt. We do not accept returns initiated and completed outside the timeframes mentioned above. See Late Returns policy.

To qualify for a refund or exchange, items must be returned in original, brand-new condition, meaning they must be unused, showing no signs of wear, and have all original tags still attached. Furthermore, all products must be returned in their original box and packaging to ensure they are adequately protected in transit; items should not be tampered with or adjusted in any way.  Please be advised that returns that are damaged, scratched, soiled, or altered will not be accepted, and such items may be sent back to the customer at their own expense. No exchanges, refunds, or credit notes will be issued in such case.

Include original packing slip with item you are returning. Also include any paperwork that came along with the item (certificates etc.).In case you do not have the slip, include a print copy of the shipping confirmation email or online purchase receipt that includes your order number, name, address, phone, email.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. You can expect a refund (via the mode of purchase used during checkout) in 30 days of our receiving your returned product. Refunds will be processed to the mode of payment that was used to make the purchase. We reserve the right to charge a restocking fee and any other costs we incur in connection with the return of the goods.

FINAL SALES ARE NOT ELIGIBLE FOR RETURNS/EXCHANGE/REFUND/STORE CREDITS. In the case of goods which are made and supplied to your specification or which have been personalized for you, e.g., engraved, you will not have the right to cancel the contract and these items are not eligible for return/exchange/refunds/store credits at all. Please note that for health and hygiene reasons earrings for pierced ears are non-returnable/non-exchangeable/non-refundable.

Always use a trackable, insured for full price, 'Signature Required' service to return items. NLGF is not responsible for uninsured returns lost in transit or delivered without signatures. We do not provide return shipping, re-shipping and/or refund for shipping unless the items are being returned/exchanged due to a fault of ours (manufacturing defect or wrong item shipped). Shipping is non-refundable in case of returns for no fault of ours.

NL Gold Factory is not responsible for any loss or damage that occurs during shipping or return shipping.

LATE RETURNS
Goods returned outside of the above timeframes will not accepted. No exchanges, refunds, or credit notes will be issued in such case.

Such goods will be returned to the customer after they have paid us the cost of re-shipping the item to them.

LATE ADJUSTMENTS AND REFUNDS
If you have not received an adjustment refund yet, first check with your bank/credit card company again, it may take some time before your refund is officially posted.

If you have done this and you still have not received your refund yet, please contact us at sales@nlgoldfactory.com.

NL Gold Factory Inc reserves the right to withhold any refund, exchange, or credit note until any investigation into a chargeback, dispute, fraud suspicion, or the inspection of a returned item is fully completed and resolved to our satisfaction.

EXCHANGES
You can exchange items 30 days of receiving them. Items may be exchanged in store or you follow the returns process and then order another item as usual. Shipping costs for return of item to exchange and re-shipping will be your expense.

All exchanges must be accompanied by the original sales receipt and original packaging. Customized items, e.g., special orders, personalized items, engraved orders etc., are non-returnable, non-refundable, and non-exchangeable. All exchanged items must not be worn, damaged, altered, soiled, kinked, scratched, broken. Items should be returned new, unused, and with all the tags still attached.

All items to be exchanged will be inspected before they are accepted. We reserve the right to refuse acceptance of items for exchange if they are damaged. When we accept the item for exchange, we will refund you the price (excluding shipping) for the item returned and invoice you for the purchase of new item. Discounts on any items are not refunded.

WARRANTIES AND LIABILITY FOR FAULTY GOODS
We will not have any responsibility for any damage which occurs to the goods after delivery other than manufacturing defects.

Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within one month of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.

If any manufacturing defect in any goods appear within 30 days of delivery, you must notify us as soon as you become aware of the defect, giving us full details (preferably with pictures). We will then decide, in consultation with you, whether the defect is in fact a manufacturing defect. If so, we may arrange either to repair the goods or to replace them with similar goods. This is applicable only to items with manufacturing defects. We do not accept any responsibility for any wear and tear, mishandling, accidental damage or failure by you or by any third party to adhere to any recommendation provided in relation to the goods. Any return shipping is your expense unless the defect is due to an error on our part.

If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same colour and style, subject to availability and within the above-mentioned timeframe. Where possible, we will offer to repair faulty items.

Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those goods.

FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, act of God, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to terminate the Contract.

If you:

1. give us any incorrect personal information, or
2. fail to make any payment when it is due, or
3. cancel any payment, or
4. become insolvent, or
5. commit any breach of these Terms and conditions,

then, in any of those events, we have the right to cancel the Contract and recover possession of any goods which have been supplied for which payment has not been received in full.

SECTION 26 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at Info@nlgoldfactory.com.
Our contact information is posted below:
NL Gold Factory Inc.
19 Commonwealth Ave, Mount Pearl, NL A1N1W4
Info@nlgoldfactory.com
709-747-7031 
701759128RT0001