Furever Loved

Eternity's Touch, Inc.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Eternity's Touch, Inc. (further referred as Eternity’s Touch), ALL RIGHTS RESERVED. The collective work includes works that are licensed to Eternity's Touch. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Eternity's Touch or purchasing Eternity's Touch products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Eternity's Touch or to purchase Eternity's Touch products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Eternity's Touch. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Eternity's Touch used in the site are trademarks or registered trademarks of Eternity's Touch.

Limitation of liability

Eternity's Touch shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Eternity's Touch has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical errors

In the event that Eternity's Touch product is mistakenly listed at an incorrect price, Eternity's Touch reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Eternity's Touch reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Eternity's Touch shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Eternity's Touch without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Eternity's Touch may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Eternity's Touch.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the province of Ontario. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Eternity's Touch products) shall be in the province of Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Eternity's Touch products) must be commenced within one (1) year after the claim or cause of action arises. Eternity's Touch's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Eternity's Touch may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Eternity's Touch or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation disclaimer

Eternity's Touch does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Eternity's Touch is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Eternity's Touch reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Eternity's Touch in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Eternity's Touch, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-party links

In an attempt to provide increased value to our visitors, Eternity's Touch may link to sites operated by third parties. However, even if the third party is affiliated with Eternity's Touch, Eternity's Touch has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Eternity's Touch. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Eternity's Touch seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Verre Serenity Glass

The below are additional terms and conditions to the aforementioned in regards to some specific details regarding the Serenity and Serenity Swirl Collections collaboration with Verre Serenity Glass.

1. Terms of Use

By accessing the Serenity Glass Collections via Eternity’s Touch website, you agree to the terms of use as well as all applicable laws and regulations.

In addition, you comply with applicable local legislation. Both Eternity’s Touch and Verre Serenity  reserve the right to modify, change, add or remove parts of the conditions at any time at their discretion without notice.

Orders and purchases made on this site are subject to these terms and conditions. Use of this website and orders made through it are subject to the laws and jurisdiction of the courts of the provinces of Quebec and Ontario, and the laws of Canada relating thereto. Users who use this site must comply with these laws.

2. Limitation of Liability

Products are processed as soon as possible, while respecting the deadlines and proper process required. Consequently, we decline all responsibility for delayed deliveries, lost packages, or any other defects caused by the delivery companies.

We make every effort to ensure that your packages reach their destination safely, and reserve the right not to ship certain products to certain addresses if we do not feel this can be achieved.

The administrators and employees of both Eternity’s Touch and Verre Serenity are not responsible for any damages resulting from access to or use of the website or other web pages to which we establish links.

3. Copyright

Exclusive rights have been provided from the administrator of Verre Serenity to Eternity’s Touch for the naming use, image use, and the rights to exclusively sell their products to our established Partners worldwide via our online ordering portal. These are rights provided to Eternity’s Touch and the use of materials on either Eternity’s Touch or Verre Serenity website are protected by copyright and trademark laws. It is illegal to copy, reproduce, display or republish the materials contained in this site in any manner.

Republication of the images without our agreement/consent is prohibited and all our rights are reserved.

The brand image and its trademark appearing on both Eternity’s Touch and Verre Serenity are trademarks registered by Verre Serenity. It is strictly forbidden to use them for your own purposes.

The people in the images displayed on the site are people who have consented to appear in accordance with applicable laws. Reuse without permission is a violation of the privacy rights and publication rights of these people.

4. Data Protection

All data necessary for the transaction captured and required by Eternity's Touch will be stored according to the effective regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA). In all cases personal data will be considered confidential and will not be passed on to any third parties.

5. Delivery Time

The indication of a delivery time is only approximate and is non-binding. Typically turn-around time, barring any shipping concerns (delays out of our control due to but not limited to weather, mechanical issues or strike) are 7-10 business days from the time the remains are received at the Eternity’s Touch facility for Serenity Glass items, and 4-6 weeks from the time the remains are received at the Eternity’s Touch facility for Serenity Swirl.

We ship products anywhere worldwide, however, taxes are applied based on the shipping address as applicable.

6. Availability of Products

Verre Serenity products offered exclusively through Eternity’s Touch may at times change or become discontinued due to unforeseen circumstances, some out of the control of both Verre Serenity and Eternity’s Touch. We do our best to ensure the items viewed in the physical catalogs and online are offered as seen. If there is a change made it will be reflected as soon as possible online, however, we cannot control the continued use of older versions of the print catalog.

7. Legal Guarantee

According to the Civil Code of Quebec and the Consumer Protection Act, legal guarantees are provided regarding hidden defects and the use of the products sold.

8. Return Policy

Once the order has been approved as submitted, and the remains received at the Eternity’s Touch facility cancellation is no longer possible as the production process for the Serenity and Serenity Swirl items cannot be reversed.

No returns are accepted, since ashes are incorporated into the items.

In the event that some imperfection is present, please contact us to look at the options that may be available to you.

Remembrance Diamonds Corporation and Algordanza AG

The below are additional terms and conditions to the aforementioned in regards to some specific details regarding the Memorial Diamond Collection collaboration with Remembrance Diamonds Corporation & Algordanza AG

1. Scope

These Terms and Conditions will apply to all transactions with Eternity’s Touch in regards to it’s “Memorial Diamond Collection” in collaboration with Remembrance Diamonds Corporation (RDC) & Algordanza AG. The validity of these Terms and Conditions extends to all services offered by Eternity’s Touch, RDC, and Algordanza AG. On making use of the services, the customer acknowledges these Terms and Conditions, as well as all listed above specifically regarding Eternity’s Touch as binding to him or her.

2. Ordering

The customer with whom requested a Memorial Diamond Collection item will by proxy through their Funeral Home of choice place an order with Eternity’s Touch. All correspondence and communication will be via Eternity’s Touch or RDC and the Funeral Home. The completed and submitted online order is in effect a contract and is deemed binding when the order is placed into the system by “Submit Order’. This contract is between all associate Parties (ET, Algordanza, Funeral Home and Client Family).

3. Prices

The prices declared at the date of ordering are applied, errors and misprints excluded. After the appearance of a new price list, all previous prices shall be void. Pricing will increase once a year, typically in March. Eternity’s Touch reserves the right, in extreme circumstances, to change the price in less than the allotted year with 30 days’ notice to all clients.

4. Payment Terms

100% of the lump sum price owed is due to Eternity’s Touch via Cheque, E-Transfer or Credit Card Payment after the order has been placed, and the parcel received to package the remains, but before the waybill is provided to send the remains to Switzerland for processing. The waybill to ship the ashes will not be provided by RDC until Eternity's Touch confirms payment is received and approved.

5. Order Confirmation

Once the order has been submitted by the Funeral Home with Eternity’s Touch, on behalf of the client family, the Funeral Director will receive an Order Confirmation via email to confirm the details. Within 72-Hours the director will receive a parcel from RDC in regards to collection of the remains for shipment. Once the package is received the Funeral Director must contact Eternity’s Touch to pay the Invoice in Full. Once received and approved, ET will indicate such to RDC, and RDC will provide the Waybill to adhere to the received Parcel. All provided materials will be included and the remains sent directly to Switzerland for Production.

6. Individual Production

Algordanza Diamonds are produced individually for each customer, Every stone is unique. The colour can be white, to light blue, to blue. No specific colour is guaranteed as it cannot be influenced during the process. Size is guaranteed within .04 carats of carat weight ordered. If the diamond finishes more than .04 carats smaller than ordered the customer will be refunded the difference in cost to the next lower priced carat weight. A size difference in the client’s favour bears no additional cost. All Diamond Collection Items from the ET X Algordanza Memorial Diamond Collection are currently crafted to be .25 Round Brilliant Diamonds. The colour and sizing applies as above.

The Pendant component provided and manufactured by Eternity’s Touch is applicable to all current, and previously mentioned Terms and Conditions.

7. Cancellation

Cancellation of the order after 100% of the payment is received is not possible as the production process for the Diamond cannot be reversed

8. Delivery Time

The indication of a delivery time is only approximate and is non-binding. A longer delivery period of up to twice the indicated time will be considered within a normal limit. Upon completion of the Diamond and its arrival with Eternity’s Touch to be incorporated into the chosen Jewelry item could take an additional 3-4 weeks to be completed and delivered to the Funeral Home.

9. Return of Material

The whole material will be used for the production of the diamond. Minimum amount required is 500g, or approximately 2 cups.

10. Limitation of Liability

RDC, Algordanza AG and Eternity’s Touch will not be liable or responsible for loss, damage or delay caused by events we cannot control, and any claims for indemnity are not applicable. Examples of such include, but are not limited to acts of God, perils of the air, public enemies, criminal acts of any person(s) or entities, including but not limited to acts of terrorism, public authorities acting with actual or apparent authority, acts or omissions of customs or quarantine officials, riots, strikes or anticipated strikes (of any entity, including, but not limited to, other delivery personnel, vendors or suppliers), other local disputes or civil commotion, a state of war, weather conditions and/or natural disasters (such as earthquakes, floods and hurricanes), national or local disruptions in air or ground transportation networks. With respect to the loss of cremation ashes, completed diamond, or completed Diamond enclosed within the chosen jewelry item due to one of the aforementioned examples, RDC, Algordanza AG or Eternity’s Touch, at their sole discretion may refund up to the purchase price paid in an act of good faith on a case-by-case basis.

11. Data Protection

All data necessary for the transaction captured and required by Eternity's Touch will be stored according to the effective regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA). All data necessary for the transaction captured and required by RDC and Algordanza AG will be stored according to the effective regulations of the Swiss Data Protection Act. In all cases personal data will be considered confidential and will not be passed on to any third parties.

12. Miscellaneous

The ineffectiveness of individual clauses does not affect the effectiveness of the contract and these Terms and Conditions. After the appearance of an updated version of the Terms and Conditions, all previous versions lose their validity.

13. Applicable Law and Place of Jurisdiction

With the handling of items occurring in both Canada and Switzerland regulations of Canadian and Swiss Law regardless of Customers residing nation. The place of jurisdiction for claims in connection with Eternity’s Touch are to be filed in Wallaceburg, Ontario, and those in connection with RDC and Algordanza AG are to be filed in Chur, Switzerland.

14. Addresses

15. Coverage

Both the aforementioned and these Terms and Conditions apply to all North American buyers, both Funeral Home and client family whom order an item from the Eternity’s Touch Diamond Collection in Collaboration with Algordanza AG and Remembrance Diamonds Corporation