Terms of service

Effective date: 3 June 2026

These Terms of Service ("Terms") govern your access to and use of heirpearl.com (the "Site") and any purchase made through it. The Site is operated by MP ELITE LLC, a Single-Member Limited Liability Company registered in the State of New Mexico, United States of America, with registered office at 704 Wallace St, Suite 468, Clovis, NM 88101, USA, EIN 32-0825617 ("Heirpearl", "we", "us", "our").

By placing an order or using the Site, you confirm that you are at least 18 years old, have the legal capacity to enter into a binding contract, and agree to be bound by these Terms.

1. PRODUCTS AND PERSONALISATION

All Heirpearl jewellery is made-to-order and personalised according to the specifications you provide at checkout (names, dates, messages, photographs, or other content). Because each piece is custom-made for you:

• You are solely responsible for the accuracy, lawfulness and appropriateness of all personalisation details submitted.
• By submitting personalisation content, you warrant that you own or have all necessary rights to use it, and you grant us a non-exclusive, royalty-free, worldwide licence to reproduce it solely for the purpose of fulfilling your order.
• We reserve the right to refuse, suspend or cancel any order containing content that is offensive, defamatory, infringing, unlawful, or otherwise contrary to our acceptable-use standards. Where an order is cancelled on these grounds, we will refund the price paid.
• Product photographs and renderings are representative; minor variations in colour, finish, weight or texture may occur due to screen calibration, batch differences and handcraft tolerances.

2. ORDER FORMATION

The display of products on the Site is an invitation to treat, not an offer. Your order constitutes an offer to purchase. A binding contract is formed only when we send you an order-confirmation email. We reserve the right to decline any order, including (without limitation) where stock is unavailable, where a pricing or product description error is identified, or where we suspect fraudulent activity.

3. PRICING AND PAYMENT

All prices on heirpearl.com are displayed in Australian Dollars (AUD). For customers in the United States and Canada, prices are converted to local currency (USD or CAD) at checkout using the live exchange rate set by Shopify Markets. We accept payment via Shopify Payments (Visa, Mastercard, American Express, Apple Pay, Google Pay) and PayPal. Full payment is required at the time of order. For Australian customers, GST is included in the displayed total. For US and Canadian customers, no additional import duties or customs charges apply on delivery.

4. ORDER PROCESSING AND DELIVERY

Each order is personalised, manufactured, quality-controlled, packaged in the HEIRPEARL gift box, and dispatched as a single tracked shipment. The total delivery window — from order confirmation to delivery at your address — is set out in our Shipping Policy, which forms part of these Terms. You will receive a shipping confirmation email containing tracking information once your order has been dispatched.

5. SHIPPING AND DELIVERY

Estimated delivery windows, shipping methods and any applicable shipping rates are set out in our Shipping Policy, which forms part of these Terms. We currently ship to Australia, the United States, and Canada. Delivery time-frames are estimates, not guarantees, and may be affected by carrier delays, peak periods, weather, or address verification issues. Risk of loss or damage passes to you upon delivery to the carrier; title to the goods passes to you upon receipt of full payment.

6. RETURNS, REFUNDS AND WITHDRAWAL

Our return and refund commitments are set out in full in our Returns & Refunds Policy, which forms part of these Terms. Because Heirpearl products are personalised and made-to-order, statutory cooling-off and right-of-withdrawal regimes that exclude personalised goods generally apply. This does NOT limit your statutory rights in respect of faulty, damaged, or non-conforming goods.

7. CONSUMER GUARANTEES — AUSTRALIAN CUSTOMERS

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) ("ACL"). Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To exercise these rights, please refer to the procedure in our Returns & Refunds Policy.

8. CONSUMER RIGHTS — UNITED STATES CUSTOMERS

US customers retain all statutory rights under applicable federal and state consumer-protection laws, including the Magnuson-Moss Warranty Act where applicable. Nothing in these Terms limits or excludes those rights.

9. CONSUMER RIGHTS — CANADIAN CUSTOMERS

Canadian customers retain all statutory rights under applicable federal and provincial consumer-protection legislation. Nothing in these Terms limits or excludes those rights.

10. INTELLECTUAL PROPERTY

All content on the Site — including text, images, logos, photographs, graphics, product designs, and the "Heirpearl" trade name — is the property of MP ELITE LLC or its licensors and is protected by United States, Australian, Canadian and international copyright, trade mark and other intellectual property laws. You may not reproduce, distribute, display, modify, or commercially exploit any such content without our prior written permission.

11. ACCEPTABLE USE

You agree not to use the Site or any service provided through it: (a) for any unlawful purpose; (b) to upload personalisation content that infringes any third party's rights; (c) to attempt to gain unauthorised access to our systems; or (d) to interfere with the proper operation of the Site. We reserve the right to suspend or terminate your access if we reasonably believe these Terms have been breached.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law (and subject to your non-excludable statutory consumer rights under the ACL or equivalent), Heirpearl's total aggregate liability arising out of or in connection with any order or these Terms is limited to the price you paid for the relevant product. We are not liable for indirect, incidental, special, consequential, or punitive losses, including loss of profit, loss of business, or loss of data. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded as a matter of law.

13. INDEMNITY

You agree to indemnify and hold harmless MP ELITE LLC, its officers, employees and agents from any claim, loss, liability, or expense (including reasonable legal fees) arising from: (i) your breach of these Terms; (ii) your violation of any third party right, including any intellectual property right, in connection with personalisation content you submit; or (iii) your unlawful or negligent use of the Site.

14. FORCE MAJEURE

We are not liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, carrier disruption, customs action, strikes, or governmental restrictions.

15. GOVERNING LAW AND JURISDICTION

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the State of New Mexico, United States of America, without regard to its conflict-of-law principles.

For Australian consumers, the mandatory consumer-protection provisions of the Australian Consumer Law apply concurrently and prevail to the extent of any inconsistency with this Section.

Subject to the foregoing, the courts of the State of New Mexico, USA, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that consumers may bring proceedings in the courts of their country of habitual residence where mandatory law so provides.

16. SEVERABILITY

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Shipping Policy, Returns & Refunds Policy, and Legal Notice, constitute the entire agreement between you and Heirpearl in respect of your use of the Site and any order placed through it, and supersede all prior representations and agreements.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time. The version published on heirpearl.com at the time you place an order is the version that governs that order. Continued use of the Site following any update constitutes acceptance of the revised Terms.

19. CONTACT

Questions about these Terms?

Email: contact@heirpearl.com
Post: MP ELITE LLC, 704 Wallace St, Suite 468, Clovis, NM 88101, United States of America
Response time: Within 24 hours