Terms and Conditions

1. Introduction

(a) Gems & You, LLC (the Company) specializes in jewelry (fashion & precious), which we offer via E-commerce as Gems & You. These general terms and conditions apply to products purchased by Customer from the Company, unless otherwise specified herein. The Company currently sells to customers within the United States. No International sales at the present time, subject to future change.

(b) Per these terms and conditions, a customer is defined as a private individual who enters into a transaction with the Company for private and personal purposes only, and for no other commercial or freelance activity in which the customer may otherwise be involved.

(c) Failure to follow, or changing any of the following terms and conditions will render a contract invalid, unless arranged by prior agreement between the buyer and the Company.

(d) The Company reserves the right to revise these Terms at any time by amending this page. Updated terms will supersede all previous versions of the Terms.

(e) The use of the Site (including accessing, browsing or registering to use the Site) confirms an unconditional agreement to be bound by these Terms and is subject to a continued compliance with these Terms.

(f) The Company allows you to access and make personal and noncommercial use of the Website. You may not use the Website for any resale or commercial use, including without limitation, the use of any information, services or content on the website, such as product listings, descriptions or pricing. You may not make any derivative uses of any information, service or content on the website, download or copy any information, service or content on the Website for the benefit of a third party, or use data mining, robots, bots, or similar data gathering and extraction tools.

You agree that you will not use this Website, or any of its content or services for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you or logging onto an account that you are not authorized to access; attempting to breach our security measures, interfering in any way with the use of, or access to this Website; attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our website; or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our website.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to us or through the website or any service offered on or through the website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.

All rights not expressly granted to you in these Terms and Conditions are reserved and retained by the Company.

2. Conclusion of Contract

(a) The Company’s offer may be subject to change at any time without the obligation of a previous notice, at the sole discretion of the Company. While every effort is taken to try to ensure that the coloring, design and style of the Company’s products in the photographs displayed on the website are representative of the original products, variations may happen due to technical restrictions of color reproduction on your computer equipment. Accordingly, The Company shall not be liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may of course contact our Customer Service Department by email at sales@gemsandyou.com. We will make every effort to accurately describe each product.

(b) The confirmation of the order means the buyer’s acceptance of the of the Terms and Conditions as stated herein. All orders made online at this website constitute a binding agreement to conclude a contract of purchase for the products. By clicking the link "Send order", during the ordering process on this website, the customer is placing a binding order for all the products contained in the shopping cart.

(c) The customer will be informed by e-mail as soon as the executed order has been received. Please note: the receipt of this first e-mail does not mean that the agreement has been concluded. The agreement is concluded by sending confirmation of the order or by the products being released for delivery.

(d) Release of the ordered products for shipment by the Company also constitutes acceptance of the order. The Company reserves the right to reject orders without giving any reason.

(e) Gems & You will promptly refund any payment that may have already been received, if the products are unavailable or only available in part, the customer will be informed immediately.

3. Retention of title and withdrawal

The ordered products remain the property of the Company until full payment of the price is received.

4. Product and Pricing information; Errors and Omissions

Information on this website may contain typographical errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product descriptions, pricing and availability. The Company also reserves the right to limit quantities (including after you have submitted your order). Prices and availability of products on the website are subject to change without notice. The Website contains a large number of products and it is always possible that, despite our best efforts, some of the items listed on the Website may be incorrectly priced. The Company is under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation or a Shipping confirmation, if the pricing error is obvious and unmistakable and could have easily been recognized as a pricing error. Please be aware that all Sale and Off-price items are final and no pricing adjustments will be granted.

We have made every effort to describe the items listed on the Website and display the product accurately on the Website. However, because colors you see will depend on a number of factors, including your computer monitor, the Company cannot guarantee that your monitor’s display of any color will be accurate. The Company will make every effort for the product descriptions to be accurate, complete, reliable, current or error free. If an item purchased from our website is not as described, your sole remedy is to return the item in an unused condition for a refund, subject to the return policies described herein.

5. Prices and Payment

(a) Prices are subject to change. Calculation of prices are based on the Company’s price list and discounts are valid on marked items only. All prices are U.S. dollars (USD).

(b) In the event of any pricing error or incorrect product information due to typographical or system errors, GEMS & YOU reserves the right to cancel any orders placed with incorrect information, with no further obligations to the customer even after the receipt of an order confirmation or shipping notice.

6. Payment options and shipping costs

(a) The customer may make payments with all major credit cards including Visa, Mastercard and American Express. PayPal and other means are also accepted. Gems & You reserves the right to exclude specific methods of payment.

(b) All payments are charged in U.S. Dollar (USD).

(c) With regard to payment through PayPal: Customers should register with paypal.com. By choosing PayPal as payment method, the Customer has agreed to PayPal Terms in the absence of any other agreement, or if not otherwise stated in the product description, the products will be delivered as soon as the total amount has been completely credited to the vendor's PayPal account.

(d) Shipping costs are calculated as the sum total of the Company's delivery fees. Further details can be found under Shipping Costs.

7. Shipment

Unless stated otherwise, all prices exclude Tax (where applicable) and exclude shipping costs. Shipping and delivery is free of charge on purchases totaling over $50 before applicable taxes and shipping costs. Refer to Shipping Policy for specifics.

8. Returns

You may return unused, unworn, undamaged goods within 14 days of receipt unless marked Final sale. Items marked Final sales cannot be returned. The Company reserves the right to change this policy. Please refer to Return Policy for specific requirements.

9. Consumer Acknowledgements

(a) By using this website or communicating electronically, you agree to receive electronic (emails, etc.) from the Company. The Company may also provide notices by posting such notices on this website. By using this website, you are agreeing that all communications including agreements, notices, disclosures or any other communication that the Company provides to you electronically satisfies any legal agreement that such notifications be written.

(b) The website and all content is considered to be the Company’s intellectual property. This shall include all content (including and not limited to text, information, pricing, graphics, descriptions, copy, page headers, artwork, photographs, images, logos, icons, audio clips, video clips, data compilations, etc. (website content) located on www.gemsandyou.com. The website is the property of Gems & You, LLC. protected by State of Florida, United States and international laws. The website, or portions thereof and all content may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, other otherwise disseminated.

Trademarks, logos, icons, or other distinguishing marks belong to the Company unless noted otherwise, remain the exclusive property of the Company and may not be used without specific permission.

10. Governing Jurisdiction

You agree that purchasing items from the Company, that you will be governed by the laws of the State of Florida.

11. Limitation of Liability

You, the customer agree that using any products, content, information, this Website or any service is provided to you, the customer, on an “as is” and “as available” basis.

Gems & You, LLC disclaims all express and/or implied warranties to the full extent permitted by law, including, but not limited to, implied warranty of merchantability, implied warranty of fitness for a particular use, and noninfringement. Gems & You, LLC makes no representations or warranties of any kind.

Customer use of the website, products offered or services offered through the website is at your sole risk. Gems & You, LLC will in no event be liable or responsible for any damages of any kind which arise from your use of any product, service or information offered or made available through the website, www.gemsandyou.com including but not limited to direct, indirect, incidental, punitive or consequential damages. Gems & You, LLC shall not be held liable for delays or failure to perform arising directly or indirectly from circumstances beyond our reasonable control. This includes without limitation internet failure, computer equipment failures, telecommunication failure, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor, materials, fire, floods, explosions, or other acts beyond our control.

For any problems with goods purchased by you (damage, wrong item, etc.) you agree that your rights are limited only to your purchase price and a refund thereof and you waive all other causes of action of any type or nature or remedies.

We do not sell products for purchase by children (under 18 years of age). Our online store is not intended or directed to children. The Company does sell children’s products to be purchased by adults. Gems & You, LLC reserves the right to refuse sales or service to any person for any or no reason at all.
If you are dissatisfied with our online store, any part of the content or these Terms and Conditions of use, your only remedy is to cease and discontinue using our website.

This Limits of Liability shall apply when not prohibited by applicable law. Certain States do not allow limitations on implied warranties or for the exclusion and limitation of certain damages. If the laws apply to you, you might have additional rights.

12. Privacy Policy

Gems & You, LLC takes the security and privacy of your personal information seriously. The Company will not disclose your personal information to others except to complete your purchase or to contact you. The Company will maintain strong practices to protect your information. See our separate Privacy Policy disclosure for additional information.

When you create an account on our website, it will assist you in completing your purchase, wish lists, etc. You are solely responsible for guarding and maintaining the confidentiality of your account and password. Warning: However, be advised that there are ways third parties can hack into or steal information from any website. You agree the Gems & You, LLC is not responsible for any consequences arising from data breaches, hacking, or similar actions by third parties access information from Gems & You, LLC or our website.