Terms of service

OVERVIEW

Welcome to PentaGems. The terms “we,” “us,” and “our” refer to PentaGems LLC. We operate this website and online store, including all related tools, content, features, and services (the “Services”). PentaGems is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service (“Terms”) govern your access to and use of the Services. By using or accessing the Services, you agree to be bound by these Terms and by our Privacy Policy (https://pentagems.shop/policies/privacy-policy).
If you do not agree, you may not use the Services.

Please read these Terms carefully as they contain important information about your legal rights, including disclaimers and limitations of liability.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence. If accessing the Services on behalf of a minor dependent, you accept responsibility for their use on devices you own or control.

To use certain features—such as completing a purchase—you may need to provide accurate and complete information. You represent that all information submitted is valid and that you have the right to use it.

You are responsible for maintaining the confidentiality of your account login and for all activity under your account.

SECTION 2 – OUR PRODUCTS

We make every effort to display items accurately, but colors, patterns, textures, and appearance may vary due to device settings or lighting.
We do not guarantee that any product will meet your personal expectations.

All product descriptions and prices may change at any time without notice. We reserve the right to discontinue products, limit quantities, or restrict sales at our discretion.

SECTION 3 – ORDERS

Placing an order is an offer to purchase. We may accept or reject this offer at our discretion. An order is considered accepted once payment is processed and we send confirmation.

All purchases are subject to our Refund & Return Policy, found here:
https://pentagems.shop/policies/refund-policy

Purchases are for personal use only and not intended for resale.

SECTION 4 – PRICES AND BILLING

Prices may change without notice. The price charged is the price shown at checkout at the time of purchase.

Unless stated otherwise, prices do not include taxes, shipping, handling, or import charges.

You agree to provide current and accurate billing information, and you authorize us to charge your payment method for all purchases, including applicable taxes and shipping.

SECTION 5 – SHIPPING AND DELIVERY

Shipping timeframes are estimates only. We are not liable for delays caused by carriers, weather, customs, or events outside our control.

Once a package is transferred to the carrier, title and risk of loss pass to you.

Full shipping terms are detailed in our Shipping Policy:
https://pentagems.shop/policies/shipping-policy

SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services—including images, text, graphics, designs, logos, and product content—is owned by PentaGems or its licensors.

You may not copy, reproduce, modify, or distribute any content without written permission.

SECTION 7 – OPTIONAL TOOLS

Third-party tools may be available through the Services. These tools are provided “as is” and “as available.” We are not responsible for their performance or outcomes.

Use of optional tools is at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for content, accuracy, or policies of third-party sites.

Any issues related to third-party products or services must be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

PentaGems is powered by Shopify, but Shopify is not responsible for interactions, transactions, or issues between you and PentaGems.
You expressly release Shopify from all claims arising from your purchases.

SECTION 10 – PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy:
https://pentagems.shop/policies/privacy-policy

Because our platform is hosted by Shopify, certain information may be transferred or processed by Shopify and its partners. Review our Privacy Policy for full details.

SECTION 11 – FEEDBACK

By submitting reviews, suggestions, or other feedback (“Feedback”), you grant PentaGems a perpetual, royalty-free license to use and display that content for any purpose.

You represent that you own the rights to any Feedback you submit and that it does not violate any third-party rights.

SECTION 12 – ERRORS & INACCURACIES

Occasionally there may be errors, inaccuracies, or omissions (including pricing, product details, or availability). We reserve the right to update or correct information and cancel orders affected by inaccuracies.

SECTION 13 – PROHIBITED USES

You agree not to use the Services:

  • for unlawful purposes

  • to violate any laws

  • to infringe intellectual property

  • to harass, abuse, or harm others

  • to transmit false or misleading information

  • to upload malware or malicious code

  • to spam, phish, scrape, or interfere with security features

Violation of prohibited uses may result in termination of your access.

SECTION 14 – TERMINATION

We may terminate access to the Services at any time if we believe you violated these Terms.
Outstanding charges remain your responsibility.

Certain sections (e.g., Intellectual Property, Indemnification) survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied.

Your use of the Services is at your own risk.

Some jurisdictions limit the disclaimer of implied warranties; in such cases, portions of this disclaimer may not apply.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, PentaGems and its affiliates shall not be liable for indirect, incidental, punitive, or consequential damages, including lost profits, even if we were advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless PentaGems, Shopify, and their affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

SECTION 18 – SEVERABILITY

If any provision is deemed unenforceable, the remainder of the Terms will remain valid and enforceable.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision is not a waiver of our rights.
These Terms constitute the entire agreement between you and PentaGems.

SECTION 20 – ASSIGNMENT

You may not assign your rights under these Terms without written permission.
We may assign our rights without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the state in which PentaGems LLC is headquartered.

SECTION 22 – HEADINGS

Section headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time. Changes are effective once posted unless otherwise stated.
Continued use of the Services constitutes acceptance of any updates.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms may be sent to:
📧 pentagemsllc@gmail.com

PentaGems LLC

SECTION 25 – SMS / TEXT MESSAGE TERMS

By providing your mobile phone number and opting in, you agree to receive SMS/text messages from PentaGems LLC, including but not limited to order updates, live sale notifications, promotional messages, and marketing communications.

Consent to receive SMS messages is not a condition of purchase.

Message frequency may vary.
Standard message and data rates may apply depending on your carrier and plan.

You may opt out of SMS messages at any time by replying STOP to any message.
For help, reply HELP or contact us at 📧 pentagemsllc@gmail.com.

We are not responsible for delayed or undelivered messages due to carrier issues, network problems, or circumstances beyond our control.

By opting into SMS communications, you acknowledge and agree that your information will be processed in accordance with our Privacy Policy:
https://pentagems.shop/policies/privacy-policy