Term and Service

I need to put together a comprehensive Terms of Service template without any tools. It should be markdown formatted—clear but thorough. I'll cover sections like Acceptance, Eligibility, Accounts, Orders/Payments, Shipping, Pricing/Taxes, Gift Cards, User Content, License, and Prohibited Uses, among others. Since this is for a jewelry e-commerce site, I must include warranties for plated jewelry and allergy disclaimers, plus arbitration options and effective date placeholders. Let's make this happen!</think>Below is a comprehensive, ready-to-customize Terms of Service for a jewelry e‑commerce brand. Replace placeholders with your details before publishing.

Effective date: [Month DD, YYYY]
Last updated: [Month DD, YYYY]
Company: [Brand/Legal Entity Name] (“[Brand],” “we,” “us,” “our”)
Website: [yourdomain.com]
Contact: [support@yourdomain.com] | [Postal address]

1) Acceptance of Terms
- By accessing or using our website, creating an account, or purchasing our products, you agree to be bound by these Terms and our Privacy Policy.
- If you do not agree, do not use our services.
- If you are using the services on behalf of a company or entity, you represent that you are authorized to bind that entity.

2) Eligibility
- You must be at least the age of majority in your jurisdiction to purchase. If under the age of majority, you must use the services under the supervision of a parent/guardian.
- You may not use the services if you are barred under applicable laws or have had your account previously suspended.

3) Account Registration and Security
- You may need an account to place orders, track shipments, or leave reviews.
- You agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4) Orders, Pricing, and Payment
- Order acceptance: Your order is an offer to buy. We may accept or decline any order for any reason, including availability, errors in product or pricing, or suspected fraud.
- Pricing: Prices are listed in [currency] and may change without notice. Obvious errors may be corrected, and affected orders may be canceled and refunded.
- Taxes and duties: Applicable taxes, customs, and duties are your responsibility unless otherwise stated.
- Payment: We accept payments via [Stripe/Razorpay/PayPal/Cards/COD, etc.]. By submitting a payment method, you represent that you are authorized to use it and authorize us or our processor to charge the total amount.
- Promotions and coupon codes: Promotions are subject to additional terms and may be modified or discontinued at any time.

5) Product Information and Availability
- We aim to display colors, finishes, and details accurately; however, actual colors and textures may vary due to screen settings and natural variations.
- Measurements and weights are approximate.
- Availability is not guaranteed. We may limit quantities per order, household, or account.

6) Jewelry Materials, Care, and Allergies
- Materials: Our products may include [brass/base metal], [925 sterling silver], [gold plating/micron plating], [cubic zirconia/gemstones], etc. See product pages for details.
- Care: Avoid water, perfumes, lotions, and harsh chemicals; store in airtight pouches; wipe gently with a soft cloth.
- Wear and tear: Plating and finishes may fade over time with use; this is normal and not considered a defect.
- Allergies/Sensitivity: Some individuals may be sensitive to certain metals. You are responsible for reviewing materials and assessing suitability.

7) Shipping, Delivery, and Risk of Loss
- Shipping options, timelines, and fees are shown at checkout and in our Shipping Policy.
- Delivery estimates are not guaranteed and may be affected by carrier delays or customs.
- Risk of loss passes to you upon delivery to the shipping address you provide or when picked up by the carrier (depending on applicable law).
- Incorrect addresses or failed deliveries due to user error may incur additional fees.

8) Returns, Exchanges, and Cancellations
- Our Return Policy forms part of these Terms. Key points:
- Eligible items may be returned within [X] days of delivery in unused, original condition with tags/packaging.
- Non‑returnable items: pierced earrings/ear jewelry for hygiene, custom/personalized items, final sale items, gift cards.
- Refunds are issued to the original payment method minus shipping or other non‑refundable charges, unless otherwise required by law.
- Return shipping costs are [customer’s responsibility/covered by us if defective].
- Order changes/cancellations are possible only before fulfillment. Contact support promptly with your order number.

9) Warranty and Defects
- Limited warranty: We warrant against manufacturing defects for [30/90/180] days from delivery. This does not cover normal wear, scratches, tarnishing, fading of plating, accidental damage, improper care, or loss/theft.
- Remedies: At our discretion, we may repair, replace, or refund the item. Proof of purchase and photos may be required.

10) User Content (Reviews, Photos, Social Posts)
- If you submit reviews, photos, or other content, you grant us a worldwide, royalty‑free, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such content in any media for marketing and operational purposes.
- You represent you own or control the rights to your content and that it does not infringe any third‑party rights or violate any law.

11) Acceptable Use and Prohibited Conduct
You agree not to:
- Violate laws or third‑party rights.
- Upload malicious code, scrape, or interfere with site operation.
- Use the services for fraudulent activity or to harass, abuse, or harm others.
- Circumvent access controls or attempt to gain unauthorized access.
- Engage in resale or commercial use without our written consent.

12) Intellectual Property
- All content on the site—including logos, product photos, text, graphics, designs, and software—is owned by or licensed to us and protected by IP laws.
- You may not copy, reproduce, modify, distribute, or create derivative works without our prior written permission, except for personal, non‑commercial use consistent with these Terms.

13) Third‑Party Services and Links
- Our site may contain links to third‑party websites or use third‑party services (payments, analytics, logistics). We are not responsible for their content, policies, or practices. Your use of third‑party services is at your own risk and subject to their terms.

14) Mobile Features, Emails, and SMS
- By opting in, you agree to receive transactional and, where applicable, marketing communications. Message/data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of purchase. See our Privacy Policy for details.

15) Gift Cards, Store Credit, and Loyalty
- Gift cards and store credits are redeemable only at [yourdomain.com], are not reloadable, not redeemable for cash (unless required by law), and may be subject to expiration and fees where permitted.
- Loyalty programs are governed by separate terms.

16) Disclaimers
- To the fullest extent permitted by law, the services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement.
- We do not warrant uninterrupted, secure, or error‑free operation, or that defects will be corrected.

17) Limitation of Liability
- To the maximum extent permitted by law, we and our affiliates, officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of the services or products.
- Our total liability for any claim will not exceed the greater of: (a) the amount you paid for the specific product(s) giving rise to the claim, or (b) [USD/EUR/INR X].
- Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted.

18) Indemnification
- You agree to indemnify, defend, and hold harmless [Brand] and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the services, or your violation of law or third‑party rights.

19) Governing Law and Dispute Resolution
- Governing law: These Terms are governed by the laws of [State/Country], without regard to conflict‑of‑laws principles.
- Jurisdiction: Courts located in [City, State/Country] will have exclusive jurisdiction, except where prohibited by consumer protection laws.
- Optional arbitration clause (replace if desired):
- Any dispute arising out of or relating to these Terms or your use of the services shall be resolved by binding arbitration administered by [Arbitration Body] under its rules, on an individual basis. Class actions and jury trials are waived. You may opt out within 30 days by emailing [arbitration-optout@yourdomain.com] with your account/email and a clear statement of your intent to opt out.

20) Termination and Suspension
- We may suspend or terminate your access at any time with or without cause or notice, including for violation of these Terms or suspected fraudulent or illegal activity.
- Upon termination, your right to use the services will cease. Sections that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, governing law) will survive.

21) Changes to the Services and Terms
- We may modify or discontinue any part of the services at any time without notice.
- We may update these Terms by posting a revised version with a new “Last updated” date. Your continued use after changes constitutes acceptance.

22) Compliance and Special Notices
- Export controls: You agree to comply with all applicable export and sanctions laws.
- Consumer rights: Nothing in these Terms limits non‑waivable consumer rights under applicable law.
- EU/UK consumers: If you are in the EEA/UK, you may have a 14‑day withdrawal right for eligible online purchases (subject to exceptions such as sealed/pierced jewelry once unsealed). Instructions and model withdrawal form will be provided on request.
- California users: Under Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952‑5210.

23) Force Majeure
- We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or utility failures, or carrier disruptions.

24) Miscellaneous
- Severability: If any provision is found unenforceable, the remainder remains in effect.
- No waiver: Our failure to enforce any right is not a waiver.
- Assignment: You may not assign your rights or obligations without our prior written consent; we may assign at any time.
- Entire agreement: These Terms, along with our Privacy Policy and any supplemental policies or terms referenced, constitute the entire agreement between you and us regarding the services.

25) Contact Us
Questions about these Terms or your order?
- Email: [support@yourdomain.com]
- Address: [Company legal address]
- Phone/WhatsApp (optional): [+XX XXXXX XXXXX]

Optional Appendices (add if relevant)
- Return & Exchange Policy (detailed)
- Warranty Policy (detailed)
- Shipping Policy (regions, carriers, timelines, duties)
- Care Guide for Jewelry
- UGC/Influencer Terms
- Wholesale/Reseller Terms