Terms of Service

OVERVIEW

Welcome to Briljant Gift! The terms “we”, ‘us’ and “our” refer to Briljant Gift. Briljant Gift operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a customized shopping experience (the “Services”). Briljant Gift is powered by Shopify, which enables us to provide the Services to you. 
The following terms and conditions, together with any policies referred to herein (these “Service Terms” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Service Terms carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, communicating with, or using our Services, you agree to be bound by these Service Terms and our Privacy Policy. If you do not agree to these Service Terms or the Privacy Policy, you should not use or open our Services. PART 1 - ACCESS AND ACCOUNT
By agreeing to these Service Terms, you represent that you are at least of legal age in the state or province in which you reside, and you have given us permission to allow minors dependent on you to use the Services on devices that you own, purchase, or manage.
To use the Services, including opening or browsing our online stores or purchasing any of the following
the products or services we offer, you may be asked to provide certain information, such as your email address, billing and shipping address, and payment information. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your account login credentials and for all your account activity. You may not transfer, sell, assign, or license your account to another person. 
PART 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or the appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be the same as depicted or delivered in our online stores.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue a product at any time and may limit the quantities of products we offer to a person, geographic region, or jurisdiction on a case-by-case basis.
Part 3 - ORDERS
When you place an order, you are making an offer to purchase. Briljant Gift reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once Briljant Gift has confirmed the acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Briljant Gift may not be able to process cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy. 
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
PART 4 - PRICING AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and is stated in the order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling costs, and customs or import duties.
Prices in our online stores may differ from prices in physical stores or online stores or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing and are subject to terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such a credit card for the purchase, (iii) your credit card issuer will honor the charges you make, and (iv) you will pay the charges you make at the listed prices, including shipping and administrative costs and all applicable taxes, if applicable.
PART 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we hand over the products to the carrier, title and risk of loss pass to you.
PART 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product controls, video and audio, and the design, selection, and arrangement thereof, are the property of Briljant Gift, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written permission. Unless expressly stated otherwise herein, nothing in these Terms grants you a license or any other rights, nor shall anything be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Briljant Gift, Shopify, or a third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Briljant Gift.
The names, logos, product and service names, designs, and slogans of Briljant Gift are trademarks of Briljant Gift or its subsidiaries or licensors. You may not use such trademarks without prior written permission from Briljant Gift. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
PART 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without any approval. We have no liability whatsoever arising out of or related to your use of third-party optional tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms under which the tools are offered by the relevant third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and utilities). Such new features will also be deemed part of the Services and are subject to these Service Terms.
PART 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including third-party embedded functionality). We are not responsible for researching or evaluating the content or accuracy of materials or websites from third parties to which 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 damage or harm associated with your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Carefully review the third party’s policy and practices and ensure that you understand them before entering into a transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.
PART 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified].
Briljant Gift is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our Store are made directly with Briljant Gift. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Briljant Gift, including injury, damage, or loss resulting from purchased products and services. Hereby, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Briljant Gift.
PART 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit through the Services will be sent to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. See our privacy policy [LINK] for more information about how we, Shopify, and our partners use your personal data.
PART 11 - FEEDBACK
If you submit, upload, post, email, or otherwise send us ideas, suggestions, feedback, reviews, proposals, subscriptions, 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 use our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Service Terms.
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 you received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not required to (1) treat your Feedback as confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may review, edit, or remove feedback that we determine at our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or violates the intellectual property rights of any party or these Service Terms, but we are not required to do so.
You agree that your Feedback does not infringe on any right of a third party, including copyright, trademark, privacy, personality, or other personal or property rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene Feedback, or a computer virus or other malware that could in any way affect the operation of the Services. You may not use a false email address, impersonate anyone else, or otherwise mislead us or third parties regarding the origin of feedback. You are solely responsible for all feedback you provide and its accuracy. We assume no responsibility and accept no liability for feedback posted by you or a third party.
PART 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping pricing, 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 the information is incorrect, at any time without prior notice (including after you have submitted your order).
PART 13 - PROHIBITED USE
You may visit and use the Services only for lawful purposes. You are not permitted to open or use the Services, directly or indirectly, (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, libel, intimidate, or cause damage to our employees or other persons; (e) to send false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including “junk mail”, ‘chain letters’, “spam”, or other similar requests; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that limits or obstructs anyone’s use of or enjoyment of the Services, or that could, as determined by us, cause damage to Briljant Gift, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other malicious code that will or could in any way affect the functionality or operation of the services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretend to be the services; (e) use robots, spiders, scraping, data collection, and extraction tools, automated devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, disrupt, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
PART 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or allow the use of an Agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of persons or entities and that can be performed on behalf of or with the device of a person without direct supervision.
14.2 An Agent may not access, use, or communicate with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in section 14.4 below.Furthermore, an Agent may not access, use, or communicate with Services if we have requested the Agent to refrain from accessing, using, or interacting with any service.
14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request is from an Agent and disclose the Agent's name by including the following in the user-agent string of the request: “Agent/[agent name]”; (ii) not conceal or obscure that access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) filling out or bypassing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) truthfully answer questions or prompts intended to determine whether interactions are from a human or a computer, (iv) not bypass or otherwise avoid measures intended to block, restrict, modify, or control whether and how Agents access, use, or communicate with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or a part thereof) at any time at our sole discretion and without prior notice, and you remain liable for all amounts due through the termination date.
The following sections remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Declaration of Forfeiture; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature must remain in effect after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational 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. We disclaim all liability and responsibility arising from your or any other visitor's reliance on such materials, or by anyone who becomes aware of their content.
UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SALEABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR PROHIBITED, SO THE ABOVE DISCLAIMER OF LIABILITY MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, REGARDLESS OF WHETHER THESE ARE BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED WITH THE ASSISTANCE OF THE SERVICES, OR FOR ANY OTHER CLAIM THAT IN ANY WAY RELATES TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND THAT HAS arisen AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) THAT HAS BEEN PLACED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Briljant Gift, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties resulting from or arising out of (1) your violation of these Terms of Service or the documents referenced herein, (2) your violation of a law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim for which indemnification is available, provided that a failure to promptly notify you will not relieve you of your obligations, unless you are materially prejudiced. We may arrange the defense and settlement of such a claim at your expense, including the selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of damage claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, where such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - DECLARATION OF FORFEITURE; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and all policies or rules of use posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and apply to your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed to the detriment of the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements by which we provide services to you are governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Briljant Gift is located. You and Briljant Gift agree to the location and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of important changes to these Terms in accordance with applicable law, and such changes will become effective on the date stated in the notice. Your continued use of or access to the Services after changes to these Terms of Service have been published constitutes your acceptance of these changes.
SECTION 25 - CONTACT INFORMATION
You can send questions about the Terms of Service to us at info@briljantgift.com. 
Our contact details are below:
Briljant Gift
info@briljantgift.com 
Breda, Netherlands 
Chamber of Commerce-42005905
VAT-NL005429685B53