Terms of service

AVINIKA JEWELRY, LLC

Effective Date: May 2026 | Governing Law: State of Texas

AviNikaJewelry.com | hello@avinikajewelry.com | +1 (469) 841-8305

OVERVIEW

Welcome to AviNika Jewelry. The terms "we," "us," and "our" refer to AviNika Jewelry, LLC, a Texas limited liability company. AviNika Jewelry operates this Shopify-powered storefront and website (AviNikaJewelry.com), including all related information, content, features, tools, products, and services (collectively, the "Services"), in order to provide you, the customer, with a curated fine jewelry shopping experience.

These Terms of Service ("Terms") describe your rights and responsibilities when you access or use the Services. Please read them carefully. They include important information about your legal rights, including warranty disclaimers, limitations of liability, a binding arbitration clause, and our comprehensive intellectual property enforcement rights.

By visiting, browsing, or purchasing through our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do 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 state or province of residence. To use our Services, including browsing our store or making purchases, you may be required to provide your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

AviNika Jewelry specializes in handcrafted luxury fine jewelry. We have made every effort to accurately represent our products and services in our online store. However, colors and product appearance may differ from what appears on your screen due to your device type, settings, and configuration.

We do not warrant that the appearance or quality of any product will meet your expectations or match precisely what is depicted in our store. All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. AviNika Jewelry reserves the right to accept or decline any order for any reason at its sole discretion. Your order is not accepted until AviNika Jewelry confirms acceptance in writing. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as AviNika Jewelry may be unable to accommodate cancellation requests after acceptance. In the event we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, or customs charges.

You agree to provide current, complete, and accurate purchase and payment information for all transactions. You agree to promptly update your account information — including email address and payment details — so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred at posted prices, including applicable taxes and shipping.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

6.1 What We Own — And Why It Matters

AviNika Jewelry's designs are not generic. They are original, handcrafted works of art created by AviNika Jewelry. Every ring, pendant, and statement piece in our collection is the product of an original creative process drawing on a documented design heritage rooted in Baroque, Mughal, Ottoman, and Renaissance ornamentation — translated into contemporary fine jewelry through extensive original creative effort.

That means our designs are protected by multiple layers of law. This section explains what those protections are, in plain language, and what will happen to anyone who violates them.

6.2 Copyright Protection (17 U.S.C. § 101 et seq.)

Every original design created by AviNika Jewelry — including the sculptural form, surface ornamentation, engraving patterns, motif arrangement, and overall aesthetic composition of each piece — constitutes an original work of authorship protected under the United States Copyright Act, 17 U.S.C. § 101 et seq.

Copyright protection attaches automatically upon creation. No registration is required for protection to exist, though AviNika Jewelry may pursue registration to strengthen enforcement.

In plain English: If someone copies one of our designs — whether they trace it, photograph it and reproduce it, or make something "inspired by" it close enough to constitute copying — they are infringing our copyright. That is a federal violation.

Under 17 U.S.C. § 504, copyright infringement carries statutory damages of $750 to $30,000 per infringed work, and up to $150,000 per work for willful infringement. Attorney's fees may also be awarded under 17 U.S.C. § 505. These are not negotiating positions. These are the amounts courts award.

6.3 Trade Dress Protection (15 U.S.C. § 1125(a) — Lanham Act)

AviNika Jewelry's distinctive aesthetic — the overall visual identity, combination of design elements, and recognizable "look and feel" of our products and brand — constitutes protectable trade dress under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

Trade dress protection means that even if an infringer changes one element of a design, if the overall commercial impression is confusingly similar to AviNika's original work — and if it is likely to cause consumer confusion as to source or sponsorship — it is still actionable.

In plain English: "Inspiration" is not a legal defense. If your product looks like ours to a consumer, you may be liable.

6.4 Digital Millennium Copyright Act (17 U.S.C. § 512 — DMCA)

AviNika Jewelry actively enforces its rights under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We file takedown notices against any online listing, post, or product that reproduces, copies, or appropriates our original designs without authorization — including but not limited to listings on Etsy, Amazon, eBay, Instagram, Facebook Marketplace, Pinterest, Shopify storefronts, and any other digital platform.

We maintain documented evidence files for all identified infringements, including archived screenshots, metadata, timestamps, listing URLs, and visual comparison records.

6.5 What You Are Prohibited From Doing

The following acts are expressly prohibited and constitute violations of AviNika Jewelry's intellectual property rights under one or more of the legal frameworks described above:

(a) Reproducing, duplicating, copying, photographing, or scanning any AviNika design or product for commercial purposes;

(b) Manufacturing, producing, casting, or fabricating any item that copies, substantially replicates, or is derivative of any AviNika Jewelry design;

(c) Listing, selling, offering for sale, or distributing any product that infringes AviNika Jewelry's copyright or trade dress on any platform, whether online or physical;

(d) Reverse-engineering any AviNika design from product photographs, 3D scans, or physical samples;

(e) Creating derivative works based on any AviNika design without prior written authorization;

(f) Using AviNika's design images, product photographs, or brand assets in connection with any competing or unauthorized commercial activity;

(g) Using any AviNika trademark, trade name, logo, or brand identifier — including "AviNika," "AviNika Jewelry," and "AviNikaJewelry.com" — without prior written permission.

6.6 Enforcement — What Happens If You Infringe

AviNika Jewelry retains intellectual property counsel and actively monitors the marketplace for infringement of its designs. Upon identification of an infringing party, AviNika Jewelry will, without further notice:

(a) File DMCA takedown notices with all relevant platforms, including Etsy, Amazon, Instagram/Meta, Shopify, and others;

(b) Pursue platform-level account suspension and seller ban where available;

(c) Record our rights with U.S. Customs and Border Protection to facilitate seizure of infringing goods at U.S. ports of entry;

(d) File suit in federal court seeking injunctive relief, actual damages, statutory damages under 17 U.S.C. § 504 (up to $150,000 per work per willful infringement), and attorney's fees under 17 U.S.C. § 505;

(e) Seek destruction of infringing inventory and disgorgement of profits attributable to the infringement.

AviNika Jewelry maintains timestamped, archived evidence files for all identified infringements. We do not issue warnings prior to filing platform takedowns. Infringers are identified, documented, and actioned. Period.

6.7 Personal Use Exception

Nothing in this section prohibits personal, non-commercial enjoyment of a product you have legitimately purchased from AviNika Jewelry. You may photograph, wear, gift, and resell a genuine AviNika product for personal, non-commercial purposes. You may not reproduce, copy, or otherwise exploit the design for any commercial purpose.

6.8 Reporting Infringement

If you believe your intellectual property rights have been infringed in connection with our Services, or if you wish to report an infringement of AviNika Jewelry's rights, please contact us at hello@avinikajewelry.com with full details of the claimed infringement, including URLs, screenshots, and identification of the original work.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

You may be provided access to third-party tools as part of the Services. We neither monitor nor control these tools. Such tools are provided "as is" and "as available" without any warranties or representations of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Use of such tools is entirely at your own risk.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to access such 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 of any products or services through third-party websites.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

AviNika Jewelry's storefront is powered by Shopify. However, all sales and purchases made through our store are made directly with AviNika Jewelry, LLC. Shopify is not responsible for any aspect of any sales between you and AviNika Jewelry, including any injury, damage, or loss resulting from purchased products and services. By using the Services, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with AviNika Jewelry.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Information submitted to the Services may be transmitted to and shared with Shopify and certain third parties.

California residents: You may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to request deletion of your personal information, and the right to opt out of the sale of personal information. To exercise these rights, contact us at hello@avinikajewelry.com. We do not sell your personal information.

We will respond to verified CCPA requests within 45 days of receipt.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or proposals (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 commercial use.

You represent and warrant that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

You agree your Feedback will not violate any third-party rights including copyright, trademark, privacy, or other proprietary rights, and will not contain unlawful, abusive, obscene, or otherwise objectionable content.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or 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.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable law or regulation; (c) to infringe upon or violate the intellectual property rights of AviNika Jewelry or any third party; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material without our consent; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, or resell any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to terminate your account at any time for violations of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property (Section 6), Feedback (Section 11), Termination (Section 14), Disclaimer of Warranties (Section 15), Limitation of Liability (Section 16), Indemnification (Section 17), Dispute Resolution and Arbitration (Section 21), and Governing Law (Section 22).

SECTION 15 — DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY AVINIKA JEWELRY, THE SERVICES AND ALL PRODUCTS 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, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVINIKA JEWELRY, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

IN NO EVENT SHALL AVINIKA JEWELRY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO AVINIKA JEWELRY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AviNika Jewelry, LLC, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, demands, and expenses — including reasonable attorneys' fees — arising out of or related to: (1) your breach of these Terms or any document incorporated by reference; (2) your violation of any law or the rights of any third party; or (3) your access to, use of, or purchases through the Services.

We will notify you of any indemnifiable claim. A failure to promptly notify will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of any claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

The failure of AviNika Jewelry to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and AviNika Jewelry and govern your use of the Services, superseding any prior or contemporaneous agreements, whether oral or written.

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, and any such attempt will be null and void. AviNika Jewelry may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent or prior notice.

SECTION 21 — DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution. Before initiating any formal dispute, you agree to contact us at hello@avinikajewelry.com and provide a written description of the dispute and your desired resolution. We will attempt to resolve the dispute informally within thirty (30) days.

Binding Arbitration. If the dispute is not resolved informally, you and AviNika Jewelry agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including questions about the existence, validity, or termination of these Terms — shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Dallas, Texas, or, at your election, via video or telephone conference. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions. Either party may bring claims in small claims court in Dallas County, Texas for disputes within that court's jurisdictional limits. Either party may also seek emergency injunctive relief in court to prevent irreparable harm pending arbitration — including to enforce AviNika Jewelry's intellectual property rights.

Class Action Waiver. YOU AND AVINIKA JEWELRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. No arbitrator may consolidate more than one person's claims.

Waiver of Jury Trial. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THIS SECTION.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration under Section 21, you and AviNika Jewelry consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Dallas County, Texas.

SECTION 23 — CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to review these Terms periodically. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.

SECTION 24 — DMCA DESIGNATED AGENT AND NOTICE & TAKEDOWN POLICY

AviNika Jewelry respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), AviNika Jewelry has designated an agent to receive notifications of claimed copyright infringement.

To submit a DMCA takedown notice regarding content on our Services, please provide the following in writing to our designated contact:

(1) Identification of the copyrighted work claimed to have been infringed;

(2) Identification of the material that is claimed to be infringing, with sufficient information to locate it;

(3) Your contact information (name, address, telephone number, email address);

(4) A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;

(5) A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner;

(6) Your physical or electronic signature.

DMCA notices must be sent to: hello@avinikajewelry.com | Subject line: "DMCA Notice"

Note: Under 17 U.S.C. § 512(f), misrepresentation in a DMCA notice may result in personal liability for damages, costs, and attorney's fees.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be directed to:

AviNika Jewelry, LLC

Email: hello@avinikajewelry.com

Phone: +1 (469) 841-8305

Website: AviNikaJewelry.com

This document was prepared for AviNika Jewelry, LLC. It is provided for internal review purposes. AviNika Jewelry should consult with a licensed Texas attorney before publishing updated Terms to confirm compliance with current state and federal law, including any developments after the effective date.

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