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Terms and Conditions - Gemvy

A. Definition of Terms

B. Introduction

C. Website Materials and Copyright Information

D. Prices and Purchasing

E. Shipping and Handling

F. Cancellations, Returns, and Replacements

G. Warranty

H. Statutory Rights and Applicable Law


A. Definition of Terms


We, Us, Our – Gemvy,

You, Your – The Customer or Buyer

Contract – Signifies any Products or Services ordered by the Customer that Gemvy accepts

Goods, Items – Signifies any Products or Services, including materials or parts of, that is the subject of a Contract

Website – Our Website, the URL of which is http://www.gemvy.com



B. Introduction


1. Gemvy aims to give you the most convenient way of shopping for diamond and gemstone earrings. For a hassle-free shopping experience, we recommend that you read these terms and conditions carefully. This document lists down all the pertinent details as to your rights, responsibilities, and limitations on the use of the Gemvy website.


2. By simply accessing this website, you accept these terms and conditions. If you do not agree to them, you may not use the Gemvy website in any manner.


3. We reserve the right to modify any part of this website, including these terms and conditions, at any time and without prior notice.



C. Website Materials and Copyright Information


1. Gemvy.com is owned and operated by Gemvy (Business Number : 220415079) . Gemvy owns the copyright and intellectual property of all the materials found on the website including but not limited to: logos, photos, website design and layout, and all written information.


2. Reproduction and use of any of our copyrighted materials, in whole or in part, without the prior documented permission of Gemvy is strictly prohibited. All rights reserved.


3. Descriptions and specifications of products on our website are ensured to be accurate. Carat weight and other technical information should be regarded as a guide only. Should you require precise carat weight and/or other technical details, please contact us before placing your order and we will answer promptly.


4. Images of products are provided as a guide only. Differences in computer monitor settings, hardware, browser, and other extraneous variables may contribute to slight differences in color or texture between the actual product and the images displayed on our website. Gemvy does not guarantee an exact match to the product as displayed on your screen.



D. Prices and Purchasing


1. Gemvy reserves the right to change the prices for the products or services it offers at any time and without prior notice. In the case that Gemvy increases the price for any product or service, orders received before the date of increase will be charged at the price in effect before the increase.


2. Prices of our products and services are in United States Dollars, unless otherwise indicated.


3. All prices indicated on our website do not include GST or any local taxes, unless otherwise stated.


4. Taxes and charges imposed by federal, state, local, or foreign governments on the sale, import, export, manufacture, or use of our products or services will be added to the price and billed to the Customer, unless otherwise specified by Gemvy in writing. The Customer shall defend, indemnify, and hold Gemvy harmless from and against all liabilities for such taxes or charges, or for any legal fees incurred by Gemvy in connection therewith.


5. If there is a pricing error on the website, Gemvy will not be bound to honor purchases made at that price. You will be notified immediately of this error, and you will be given the option to reconfirm or cancel your order.


6. All information regarding our products does not signify an offer made by us to sell that product on that basis. Instead, it is an invitation to you to make an offer to us to purchase that product on that basis. Your order therefore represents an offer by you to purchase such goods from us.


7. Goods that are made to order are non-returnable and are subject to a different lead-time. We will inform you of any special arrangements that would result in the special order. Orders placed for made-to-order goods cannot be cancelled.


8. We will do our best to supply the requested product or service, but sometimes extrinsic and unavoidable circumstances may prevent us from fulfilling an order. In such an event, you will be informed immediately.


9. Promotional discounts, special rates for resellers, and other special offers cannot be used in conjunction with other promotions. We have built a system whereby the highest possible discount will automatically be given to the customer.



E. Shipping and Handling


1. Gemvy reserves the right to deliver products purchased from us. Partial shipments or services will be billed as made and payments would be subject to the terms referenced in this document.


2. Gemvy delivers all products featured on our website throughout the United States and Canada for free. For customers outside the US/Canada, please contact us to confirm shipping costs.


3. Delivery of the purchased goods will be made within the time frame specified on the website to most US/Canadian addresses. Delivery to the US Virgin Islands, Hawaii, Alaska, and US territories might take longer. In the event of a delay in shipping your products, we shall inform you as soon as possible in order to arrange another schedule for delivery. If you require goods to be shipped in less time, please contact us so we can make the necessary arrangements.


4. All purchased goods are shipped with insurance and tracking number, details of which will be provided in a correspondence after you place your order.


5. Goods can only be delivered to the customer’s address. They cannot be left with a neighbor. Once an order is ready for dispatch, our delivery staff will contact you and schedule a delivery date. It is your responsibility to ensure that someone will be there to receive the products on the specified date. Gemvy can send any item as gifts, provided that the recipient knows of the incoming delivery. In case of failure to take the delivery of the goods on the agreed delivery date, Gemvy will charge you the cost of re-delivery.


6. You may request your purchased goods to be delivered by a common carrier. In which case, the common carrier’s terms and conditions regarding shipping will take precedence.



F. Cancellations, Returns, and Replacements


1. Should you wish to cancel your order, we require a written notice of cancellation sent through our e-mail. The following details are required when cancelling an order: Your name, order number, date of order, and details of cancellation. We will send you a letter of acknowledgement of cancellation via e-mail. We will then arrange to refund you by your chosen method of payment. If you do not receive a letter of acknowledgement, your order has not been cancelled as we might not have received your written notice. In which case, please re-send your written notice of cancellation. Orders that are cancelled after the order has been shipped will be subject to the delivery and return fees.


2. Upon receiving your purchased goods, it is your responsibility to unwrap and inspect goods thoroughly before signing the delivery receipt. Please check for any damages and if your order is complete. If it is not possible to inspect the goods at the time of delivery, please sign the proof of delivery note as “uninspected.”


3. Any claims of damaged, defective, or incomplete items must be made within three (3) days of receipt of goods, first by phone or e-mail, followed by a written claim. Gemvy will shoulder the carriage costs for the return of the damaged goods, provided that the customer inspected the goods upon delivery. Customers who signed the delivery note “uninspected” will be responsible for the cost of returning the products, and must insure the transit of the said products.


4. Claims for damage must be supported by photographs. It is your responsibility to show that the damage has not been caused by any misuse or mishandling post-delivery. Gemvy will only credit a refund for the items that are damaged or faulty upon safe return of goods to our hands.


5. If you have received your ordered goods and wish to have it returned, you may do so by notifying us within thirty (30) days of receipt of goods, first by phone or e-mail, followed by a written claim. You will be responsible for the cost of returning the products, and you must insure the transit of the said products.


6. All products returned to us should be in their original, undamaged packaging and in a saleable condition in order to qualify for a refund. If, upon delivery and unwrapping, you are uncertain whether you want to keep the goods, please ask our staff to leave the packaging with you. Return credit will depend on results of the review of the returned merchandise by our quality assurance team.


7. Purchased goods that are altered, engraved, personalized, customized, or refitted in any way cannot be returned. Items that are damaged post-delivery due to misuse or mishandling cannot be returned.


8. After receipt of the returned or damaged goods, Gemvy will replace your products or refund you within 30 days. If you do not return the goods as required, we may charge you the costs of recovering the items, and/or any damage incurred as a result of mishandling.



G. Warranty


1. All products supplied by Gemvy have a one year warranty from manufacturing defects. If a problem or defect manifests itself in the duration of this warranty, the product will be replaced or repaired. Please follow the terms and conditions on returns and replacements.


2. This warranty does not apply to any defect in the goods as a result of fair wear and tear, accident, willful damage, mishandling by you or any other party, failure to follow the care instructions, or any alteration or repair made without the supplier’s approval. This includes any personalization, engraving, customization, refitting, or alteration by a jeweler that is not from Gemvy.



H. Statutory Rights and Applicable Law


1. Where you as a consumer as defined by the Consumer Protection Act 2002 of Canada and by the Federal Trade Commission of the United States, your statutory rights are not affected by our terms and conditions.


2. These terms and conditions are governed by Canadian law. All disputes arising from this contract will be under the jurisdiction of the Canadian courts.