GEMSGATE LTD TERMS AND CONDITIONS
Last Updated: 30^th September 25, 2018

 

Website Terms & Conditions

Preface

This website, gemsgate.fr (GEMSTONES HUNTERS), (the “website”) is owned and operated by GEMSGATE LTD (“we” or “gemsgate.fr (GEMSTONES HUNTERS)”), a company registered in England and Wales under company number 11577138 with its registered office at 19 Leyden Street, London, E1 7LE and a VAT number of GB 307 0180 45).

You acknowledge that any use of this website by you, including any transactions that you may using it shall be subject to the terms and conditions listed below, which also incorporate our returns, delivery and payments policy (all those documents together our “Terms and Conditions”). Please note that these terms also apply to any other contracts which you may make with us using remote communications technology such as a telephone (for example, if you view items on the website and call us directly to place an order).

Please read through these Terms and Conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect from when they are posted on the website and it is your responsibility to read the Terms and Conditions on each occasion that you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest version of the Terms and Conditions. When you make a purchase from us that purchase shall be governed by the version of the Terms and Conditions in force at the time that purchase is made.

Other Applicable Terms & Policies

The following additional terms also apply and form part of our Terms and Conditions:

• our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
• our Cookie Policy, which sets out information about the cookies used on the Website.

By using our Website, you acknowledge and consent to gemsgate.fr (GEMSTONES HUNTERS) collecting, processing and storing your personal data in accordance with our Privacy Policy.

It is important that you read these Policies together with any other privacy notice or fair processing notices that we may provide on the Website at or around the time that we collect or process personal data about you (for example, fair processing notices that we may display to you at the time that you sign up to receive e-mail updates from us) so that you are fully aware of how and why we are using that data.

1. Order and Purchase Process

1.1 When you order items (‘Goods’) from us online you will be presented with the final details of your order on the ‘Order Confirmation’ page. On reviewing those details you will be invited to place your order (an “Order”). After placing your Order, we will send to you an e-mail acknowledging that we have received your Order (that e-mail an ‘Order Acknowledgment’).

1.2 We do not provide direct access to the details of your purchase on this website. You are therefore advised to print out the ‘Acknowledgement of Purchase’ email for your own records. If you wish to obtain specific details of your previous purchases, please Contact Us.

2. Your details, Payment and Availability

2.1 In considering your order we may verify your ID using an ID verification agency. It is important that you give us accurate information or these verifications may return negative results which may cause your Order to be rejected. Where we consider it necessary, we will check your details with fraud prevention and protection agencies*.

Please telephone us on +44 7397 943733 if you want to have details of the credit reference and/or fraud prevention and protection agencies from whom we obtain these background checks and to whom we pass information about you. You have a legal right to these details and we will not charge you a fee for these enquiries.

You have a right to receive a copy of the information we hold about you if you apply to us in writing.

Availability and Substitutes

Orders of Goods are subject to availability. In the event that we are unable to supply the particular Goods you have ordered, we will inform you of this as soon as possible. Where we consider it possible, we will offer you a substitute of at least equal quality. You will in such circumstances have the option of accepting the substitute or obtaining a full refund of any sums you have already paid for the Goods that cannot be supplied.

Pricing Errors

2.2 The price that you pay for Goods is the price displayed on this website at the time we receive your Order. Whilst we make every effort to ensure that all prices on our website are correct, errors sometimes do occur. We will normally verify prices as part of our Dispatch Confirmation so that, where your Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. IF YOUR GOODS’ CORRECT PRICE IS HIGHER THAN THE PRICE STATED ON OUR SITE, WE WILL NORMALLY, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS BEFORE DISPATCHING THE GOODS, OR REJECT YOUR ORDER AND NOTIFY YOU THAT WE ARE REJECTING IT. If, having contacted you and informed you that your Goods are at a higher price than that stated on the website, you then cancel your order and you have already paid for the Goods, you will receive a full refund. Where we cancel an order in this way you agree that we will have no further liability to you, and that we will not be obliged to supply Goods unless you submit a further Order to us.

2.3 Your payment details are entered online following the placement of your Order and then proceeding to conduct the ‘Check Out’ process by Paypal.

2.4 Title to any Goods you purchase on this website shall pass to you on delivery of the Goods provided that we have processed and received payment in full for the Goods.

2.5 All prices stated on the website include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. You are responsible for such delivery charges, which will be confirmed in the Dispatch Confirmation.

2.6 At any time prior to Dispatch Confirmation, gemsgate.fr (GEMSTONES HUNTERS) may at its sole discretion, for reasons of availability or otherwise, terminate its agreement with you in respect of any particular Goods and in such case it will in full and final settlement of any claims you might have return any monies received from you, within 30 days of receipt of such monies, to your nominated account.

2.7 You agree to indemnify gemsgate.fr (GEMSTONES HUNTERS) in full against all costs and outgoings incurred by us in obtaining payments from you in the event that a failed payment occurs (including without limitation the cost of any fee charged to us by our payment services providers in respect of failed payments).

3. Delivery

3.1 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales specified in the Dispatch Confirmation or, if no delivery date is specified, within a reasonable time from the date of the Dispatch Confirmation, unless there are exceptional circumstances. Delays are occasionally inevitable due to unforeseen factors. gemsgate.fr (GEMSTONES HUNTERS) shall be under no liability for any delay or failure to deliver the products within estimated timescales. 

3.2 Risk of loss and damage of products passes to you on the date when the products are delivered.

3.3 In general the delivering agent will be: 

a) Royal Mail special delivery service for the United Kingdom (including the outer British Isles and Northern Ireland addresses); 

b) FedEx or UPS secure delivery for any other country worldwide; 

c) In special circumstances, the delivery agent may be a different agent, nominated by gemsgate.fr (GEMSTONES HUNTERS).

3.4 The delivery address is provided by you when placing the order. Goods are deemed to be delivered when

• a) our delivering agent delivers them to the delivery address (signature of a delivery note will be requested at your specified delivery address).
• b) In the case attempted delivery (without success) the Goods will be deemed to have been delivered when you collect them from the indicated collection address. You are required to collect the Goods within 5 working days from receiving the notification the Goods are awaiting collection. Once the 5 working days have elapsed, Goods will be deemed rejected and we will retake possession. You will then be refunded the cost of the Goods less the cost of delivery and any costs charged to us by the relevant carrier for return (in the event that the Goods are bespoke/customised, we reserve the right to refund the cost of the item only, and not the cost of the bespoke services rendered in the making of that item).

3.5 In order to safeguard against theft, you are advised to provide us with a delivery address not accessible by third parties.

4. Consumer Rights

Cancellation

4.1 If you are contracting as a consumer, you may, subject to clause 4.3 below, cancel a Contract as follows:

• a) If the value of the Goods is greater than £25,000, at any time within 14 days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, but not the cost of delivery, in accordance with our returns policy (set out in clause 5 below). 
• b) If the value of the Goods is less or equal to £25,000, at any time within 30 days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, but not the cost of delivery, in accordance with our returns policy (set out in clause 5 below);

Please note that, where you return Goods to us you are responsible for the cost of delivering them back to us. You will be responsible for the full cost of those Goods if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.

4.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us as soon as reasonably practical but no longer than 5 working days, and at your own cost. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation or if the Goods are damaged while they are in your possession, we have the right to reduce your refund by a sum appropriate to compensate us for the reduced value of the goods.

Exceptions to your usual Cancellation Rights

4.3 You will not have a right to cancel a Contract for supply of any Goods in any of the following circumstances:

• a) The Goods have been customised from their original state as displayed on our website to your specific requirements. This would, for example, include a piece (stone) that we have created for you by setting a stone that you have purchased from us in a particular setting;
• b) A piece (stone) that you have commissioned us to make and in respect of which you have accepted the bespoke designs (usually in the form of Diagram Model screenshots);

4.4 Details of your statutory right of cancellation, and an explanation of how to exercise it are provided in the Dispatch Confirmation. This provision does not affect your statutory rights as a consumer.

5. Returns and Substitutions

5.1 If you return Goods because you have cancelled the Contract pursuant to clause 4 above we will process the refund as soon as possible and, in any case, within 14 days of the day on which either (a) we receive the Goods back from you, or (b) on which you supply us with evidence that you have returned the Goods to us. In this case, we will refund the price of the Goods in full (minus the cost of any expedited delivery options, or the cost of any damage or wear that you have caused to the Goods), and any applicable delivery charges. However, you will be responsible for the cost of returning the Goods to us and insuring them while in transit. The cost will vary depending on the country where the item is dispatched from as well as the value of the item.

5.2 In the unlikely event that delivered Goods turn out to be faulty, damaged or different from those you have ordered, gemsgate.fr (GEMSTONES HUNTERS) will offer to replace or repair the Goods, or if you prefer, refund the item in full.

5.3 Returns of faulty orders which you return to us within six months of delivery will be confirmed only where you have returned the item with its certificate where applicable. The following costs will be for your account in relation to returned items:

• a) Non-return of the certificate will be charged at € 350 plus VAT for a replacement certificate;
• b) If the item has, in our reasonable opinion, been worn and shows signs of general wear and tear we will be entitled to reduce your refund by a value that represents the loss of value caused to the item by that wear and tear;
• c) If the item has, in our reasonable opinion, been damaged by you in a way that is not the result of reasonable wear and tear, then we may decline to offer you a refund and will notify you of the cost of repairing the item.
• d) If you wish to return a faulty item after six months has passed after delivery, the item must be provided unworn and free from wear and tear. In the event that such an item is not provided in its original condition we reserve the right to refuse a refund and, instead, to quote you for the price of repairing the item.

5.4 Returns of orders will be confirmed only where you have returned the item in its original condition, unworn and together with its original packaging and certificate where applicable. Non-return of the certificate will be charged at € 350 for a replacement certificate and you may be charged an additional replacement cost for packaging and any other collateral material. Please note that clients based outside of the UK who are returning their items will need to bear the costs of shipment and insurance. The cost will vary depending on the country where the item is dispatched from as well as the value of the item. However, you will be responsible for the cost of returning the Goods to us and insuring them while in transit. The cost will vary depending on the country where the item is dispatched from as well as the value of the Goods.

5.5 All returns are subject to anti-fraud verification and authentication by the gemsgate.fr (GEMSTONES HUNTERS) team. Purchased items with any element of personalisation, bespoke items, designs by or for the client are non refundable. For security reasons we recommend that you do not use the name gemsgate.fr (GEMSTONES HUNTERS) anywhere on the packaging of your returned item because it includes the term “GEMSTONES”. To arrange a return we would require you to contact your gemsgate.fr (GEMSTONES HUNTERS) Customer Services representative who will provide you with further instructions. 

Note: gemsgate.fr (GEMSTONES HUNTERS) will not be responsible for loss or damage of return shipments. We cannot be held liable for any loss or damage you may suffer as a result of your return or late delivery or cancellation of your order, so we advise that you retain all proof of posting documentation. If you have any questions regarding returns please send us an e-mail to anthony.moati@gemsgate.fr

Your Responsibility for Returning and Insuring Goods

Note: gemsgate.fr (GEMSTONES HUNTERS) will not be responsible for loss or damage of returned Goods during transit. We cannot be held liable for any loss or damage you may suffer as a result of your return or late delivery or cancellation of Goods, so we advise that you retain all proof of posting documentation and fully insure the Goods during transit.

If you have any questions regarding returns please send us an e-mail to anthony.moati@gemsgate.fr

5.6 Goods will remain property of gemsgate.fr (GEMSTONES HUNTERS) until they have been fully paid. In case you receive Goods you have not paid for and you are requested by gemsgate.fr (GEMSTONES HUNTERS) to return the same, you have to do so immediately without delay. gemsgate.fr (GEMSTONES HUNTERS) will incur the costs of delivery and may charge you interest on the amount of such Goods at the rate of 2% per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the day you have received the Goods until the date of either actual payment for such Goods or their return to us (in accordance with this clause 5). 

5.7 Goods which are completed for collection or available for dispatch but left with gemsgate.fr (GEMSTONES HUNTERS) for more than 90 days despite reasonable attempts made to contact the Customer, will have been deemed to pass ownership to the Customer and cannot be returned or refunded.

6. Our Liability

6.1 Subject to clause 6.2, we will not be liable for loss of profit that results from our failure to comply with these Terms and Conditions, nor for any loss or damage which arises from any impact which our failure to perform our obligations may have on any event or occasion in which you are involved. In any event our total aggregate liability to you for all claims that you may make in relation to the subject matter of this Agreement (in contract, tort or otherwise) shall not be greater than the total value of the Goods to which those claims relate.

6.2 Nothing in these Terms and Conditions excludes or limits liability for:

• a) Death or personal injury caused by our negligence;
• b) Fraud or fraudulent misrepresentation;
• c) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

6.3 gemsgate.fr (GEMSTONES HUNTERS) will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind (whether express or implied statutory or otherwise) regarding the contents or availability of the website or that it will be timely or error-free, that defects will be corrected, or that the site or the server from which it is made available are free of viruses or bugs. gemsgate.fr (GEMSTONES HUNTERS) will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and gemsgate.fr (GEMSTONES HUNTERS) accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website.

6.4 Other than as expressly provided in these Terms and Conditions, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7. Import Duty

7.1 If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

7.2 Please also note that you must comply with all applicable laws and regulations of the country from which the Goods you order are destined. We will not be liable for any breach by you of any such laws.

8. Events outside of our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside of our reasonable control (a ‘Force Majeure Event’).

8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• a) Strikes, lock-outs or other industrial action;
• b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• e) Impossibility of the use of public or private telecommunications networks;
• f) The acts, decrees, legislation, regulations or restrictions of any government;
• g) Pandemic or epidemic.

8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

9. Intellectual Property

Website

9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and content made available as part of your use of this website shall remain at all times vested in us. You are only permitted to use this material if expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any video, pictures, text, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except for the purpose stated below.

9.2 You acknowledge and agree that the material and content contained within this website is made available to you for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

9.3 In particular, you acknowledge that ‘gemsgate.fr (GEMSTONES HUNTERS)’ (the ‘Trademark’) is a registered trademark of GEMSGATE LTD and that the Trademark, nor any derivative or variation of it, may not be used in any way without our express permission (including without limitation as a ‘hyperlink’). In particular you agree that you have no entitlement to use the Trademark in any way that is likely to cause confusion to customers or potential customers of gemsgate.fr (GEMSTONES HUNTERS), or in any way that discredits or may cause harm to the reputation of gemsgate.fr (GEMSTONES HUNTERS).

9.4 Nothing on this website should be construed as granting any licence or right to use any intellectual property rights inherent in it without the express written permission of gemsgate.fr (GEMSTONES HUNTERS).

Goods

9.5 Where you purchase bespoke or customised Goods from us, you acknowledge that all intellectual property rights inherent in such Goods remains the property of gemsgate.fr (GEMSTONES HUNTERS). Unless we specifically state otherwise, we grant you no rights to copy or make derivatives of such Goods and you agree that you shall refrain from doing so.

10. Newsletter and Promotions

10.1 All products purchased during showroom sample sales are non refundable, non exchangeable and are unable for resize.

10.2 When a product is purchased during a promotional period, they can not be purchased in conjunction with any other offers or discounts from gemsgate.fr (GEMSTONES HUNTERS) or 3rd parties. No 2 offers can ever be used at the same time in the same order.

10.3 Bespoke orders are not included in any promotions or sales.

10.4 Newsletter Sign Up – By providing us with your email address, you agree that we are able to contact you via email. The information that you have supplied will be used by gemsgate.fr (GEMSTONES HUNTERS) to keep you up to date with news, competitions and promotions. gemsgate.fr (GEMSTONES HUNTERS) will not share your details with any other company without your consent. You may opt out of receiving this correspondence by unsubscribing via the emails we send or by contacting us directly at campaigns@77diamonds.com

11. Viruses, Hacking and other offences

11.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to sue our website will cease immediately.

11.3We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or any website linked to it.

12. Transfer of rights and obligations

12.1 The Contract is binding on you and us and on our respective successors and assignees.

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. Severability

If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement

15.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

15.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract.

15.4 Nothing in this clause limits or excludes any liability for fraud.

16. Law and jurisdiction

Contracts for the purchase of Goods through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Third party rights

A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.