Terms of Service

Welcome to Hayertle.com (the “Website”), operated by Hayert LLC (“we”, “us”, “our”), a company registered at 3571 S Tower Rd Ste 137, Aurora, CO 80013, USA. These Terms of Service (“Terms”) govern your access to and use of the Website, including the purchase of women’s earrings, participation in promotions, and use of any other services offered by us. By accessing or using the Website, you (“you”, “user”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, and Refund and Returns Policy (collectively, the “Agreements”). If you do not agree to any part of the Agreements, you may not access or use the Website.​

1. Eligibility to Use the Website​

To use the Website and purchase products, you must:​

• Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher);​

• Have the legal capacity to enter into a binding contract;​

• Provide accurate, complete, and current information when creating an account or placing an order;​

• Comply with all applicable laws, regulations, and these Terms.​

If you are using the Website on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” shall refer to such entity. We reserve the right to verify your eligibility and refuse access to the Website if we reasonably believe you do not meet these requirements.​

2. User Accounts​

2.1 Account Creation and Maintenance​

To access certain features of the Website (e.g., tracking orders, saving shipping addresses, participating in loyalty programs), you may need to create a user account. When creating an account, you must:​

• Choose a unique username and a strong password that you will not share with others;​

• Provide a valid email address and mobile phone number (if required);​

• Update your account information promptly if it changes (e.g., change of address, email, or phone number).​

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized access to your account, you must notify us immediately via the contact information provided in Section 10. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.​

2.2 Account Termination​

We reserve the right to suspend or terminate your account, without prior notice, if:​

• You violate any provision of these Terms or other Agreements;​

• You provide false, misleading, or incomplete information;​

• Your account is inactive for a continuous period of 12 months or more (we may notify you before termination to allow you to reactivate the account);​

• We believe your account use may pose a risk to the Website, other users, or our business interests.​

Upon account termination, you will lose access to features tied to your account (e.g., order history, saved addresses), but we will retain your personal information in accordance with our Privacy Policy.​

3. Product Information and Orders​

3.1 Product Descriptions and Availability​

We strive to provide accurate and detailed descriptions of our women’s earrings, including information about materials (e.g., silver, gold plating, gemstones), dimensions, styles, and care instructions. However, we do not warrant that product descriptions, images, or other content on the Website are error-free, complete, or current. Colors of earrings may vary slightly due to differences in computer or mobile device display settings, and we shall not be liable for such variations.​

Product availability is indicated on the Website, but we do not guarantee that listed products will be in stock at the time of your order. If an item you ordered is out of stock after you have placed the order, we will notify you via email within 2 business days and offer you the option to:​

• Wait for the item to be restocked (with an estimated restock date);​

• Exchange the item for another available product of equal or similar value;​

• Cancel the order and receive a full refund (including any shipping fees paid).​

3.2 Order Placement and Acceptance​

When you place an order on the Website, you are making an offer to purchase the selected products at the listed price (including applicable taxes and shipping fees). We reserve the right to accept or reject your order for any reason, including but not limited to:​

• Errors in product pricing or descriptions;​

• Insufficient stock;​

• Suspected fraudulent activity (e.g., unauthorized payment methods, fake shipping addresses);​

• Violations of these Terms.​

An order is considered accepted only when we send you a confirmation email containing your order number and details of the products purchased. Before acceptance, we may contact you to verify order information or resolve issues that prevent order processing.​

3.3 Pricing and Payments​

• Pricing: All product prices on the Website are displayed in U.S. Dollars (USD), unless otherwise specified. We reserve the right to change prices at any time without prior notice, but changes will not affect orders that have already been accepted. Taxes (e.g., sales tax) are calculated based on your shipping address and applicable local tax laws, and will be added to your order total at checkout.​

• Payment Methods: We accept major credit cards (Visa, Mastercard, American Express, Discover), PayPal, and other payment methods as indicated on the checkout page. You represent and warrant that you are authorized to use the payment method you provide, and that the payment information is accurate and current.​

• Payment Processing: Payments are processed securely through third-party payment processors (e.g., PayPal, Stripe). We do not store complete credit card information; such information is handled directly by our payment partners in compliance with industry security standards (e.g., PCI DSS). If a payment is declined, your order will not be processed, and we will notify you to provide an alternative payment method.​

4. Intellectual Property Rights​

All content on the Website, including but not limited to text, product images, logos, trademarks, graphics, videos, software, and design elements (collectively, “Intellectual Property”), is owned by or licensed to Hayert LLC. These Intellectual Property rights are protected by U.S. and international copyright, trademark, and other intellectual property laws.​

You may not:​

• Copy, reproduce, distribute, modify, adapt, translate, display, perform, or create derivative works of any Intellectual Property without our prior written consent;​

• Use any trademarks, logos, or brand names displayed on the Website in a manner that implies endorsement by us or creates confusion about the source of goods or services;​

• Scrape, crawl, or otherwise extract data from the Website using automated tools (e.g., bots) without our written permission.​

The only exception is that you may download or print a single copy of content for your personal, non-commercial use, provided you retain all copyright and proprietary notices.​

5. User Conduct​

When using the Website, you agree to conduct yourself in a lawful and respectful manner, and not to:​

• Upload, post, or transmit any content that is illegal, harmful, defamatory, harassing, abusive, obscene, or infringing of third-party rights;​

• Impersonate any person or entity, or falsely state or imply your affiliation with any person or entity;​

• Interfere with or disrupt the operation of the Website, including by introducing viruses, malware, or other harmful code;​

• Attempt to gain unauthorized access to the Website’s servers, databases, or other systems;​

• Engage in fraudulent activity, such as placing fake orders, using stolen payment methods, or reselling products in violation of these Terms;​

• Violate any applicable laws, regulations, or third-party agreements.​

We reserve the right to remove any content that violates these Terms and to take legal action against users who engage in prohibited conduct.​

6. Third-Party Links and Services​

The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, logistics providers). These links are provided for your convenience only, and we do not endorse or control the content, privacy policies, or practices of third-party sites. We shall not be liable for any loss or damage arising from your use of third-party sites or services. We encourage you to review the terms of service and privacy policies of any third-party sites you visit.​

7. Limitation of Liability​

To the maximum extent permitted by applicable law:​

• Hayert LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including but not limited to loss of profits, loss of data, or loss of business opportunities) arising from or related to your use of the Website or purchase of products, regardless of whether we were advised of the possibility of such damages;​

• Our total liability for any direct damages arising from your use of the Website or purchase of products shall be limited to the total amount you paid for the specific product(s) that caused the damage;​

• We shall not be liable for any delays or failures in performance due to circumstances beyond our reasonable control, such as natural disasters, strikes, riots, acts of government, internet outages, or carrier delays.​

This limitation of liability shall apply even if the remedies provided in these Terms are found to be inadequate or unenforceable. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.​

8. Indemnification​

You agree to indemnify, defend, and hold harmless Hayert LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:​

• Your use of the Website or violation of these Terms;​

• Your purchase or use of products (e.g., claims of injury caused by improper use of earrings);​

• Your violation of any third-party rights (e.g., copyright infringement, privacy violations);​

• Any content you upload, post, or transmit on the Website.​

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall cooperate with us in such defense.​

9. Changes to These Terms​

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Effective Date” at the top of this page and post the revised Terms on the Website. We may also notify you of significant changes via email (sent to the address associated with your account) or a prominent notice on the Website homepage.​

Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Website immediately. We encourage you to review these Terms periodically to stay informed of any updates.​

10. Governing Law and Dispute Resolution​

10.1 Governing Law​

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, excluding its conflict of laws principles. This means that any disputes arising from these Terms or your use of the Website will be determined based on Colorado law, regardless of the laws of your jurisdiction.​

10.2 Dispute Resolution​

Before initiating any legal action, we encourage you to contact us to resolve disputes amicably. Most disputes can be resolved through our customer service team (contact information below).​

If a dispute cannot be resolved informally, you agree to submit the dispute to binding arbitration in Aurora, Colorado, USA, conducted in accordance with the 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 parties shall share the costs of arbitration equally, unless the arbitrator determines that one party should bear a greater portion of the costs based on the circumstances of the dispute.​

You waive any right to participate in a class action lawsuit or class-wide arbitration against us. This means you may only bring claims against us in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.​

11. Contact Information​

If you have any questions, concerns, or disputes regarding these Terms or the Website, please contact us via:​

• Company Name: Hayert LLC​

• Registered Address: 3571 S Tower Rd Ste 137, Aurora, CO 80013, USA​
• ​Phone:846-158-2369
• Contact Email: contactus@hayertle.com​

• Customer Service Portal: Log in to your Hayertle.com account and navigate to the “Help Center” to send a direct message.​

Our customer service team will respond to your inquiries within 2 business days and work to address your concerns promptly.​

12. Miscellaneous​

• Entire Agreement: These Terms, together with our Privacy Policy, Shipping Policy, and Refund and Returns Policy, constitute the entire agreement between you and us regarding your use of the Website, and supersede all prior oral or written agreements, understandings, or representations.​

• 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 by a valid provision that most closely reflects the original intent of the parties.​

• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.​

• Assignment: You may not assign these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms to any third party at our discretion.​

By accessing or using Hayertle.com, you confirm that you have read, understood, and agreed to all provisions of these Terms of Service.​