Terms and Conditions
Welcome to the Gemporia LLC Website
– and thank You for visiting. We hope You enjoy the experience!
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE AND/OR PLACING AN ORDER INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website and placement of any Order following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite You to use this Website for individual, consumer purposes ("Permitted Purposes"). By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Us if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the Website at any time or in any manner or submit any information to Us or the Website.
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed MaterialFs (and any copies thereof).
We make available Mobile Applications to access the Website via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
- Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
- You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
- You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
The followng additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
- Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
- You acknowledge that these Terms are between You and Us only, and not with Amazon.com, Inc. (“Amazon”).
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate You visiting this Website and allow You to use it without registering with Us.
However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, including to place an Order through the Website, You must successfully register an account with Us.
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
If You want an account with Us, You must submit the information listed required on the account registration page on this Website.
You may also provide additional, optional information so that We can provide You a more customized experience when using this Website. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account.
If approved, You will be directed to a page of the Website confirming Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password, We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website. Should You believe Your password or security for This Website has been breached in any way, You must immediately notify Us.
The price of the Goods will be as per Your Order as accepted by Us. We will not process Your Order if Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable price of Your Order on said payment method as well as taxes, delivery fees and other charges incurred, all of which depend on Your Order. Currently, We collect sales tax for Orders delivered within the state of Florida, however this may change from time to time and applicable sales tax will be charged when Your Order is processed. You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
SALE OF GOODS
These Terms and any order You make through Our Website (an “Order”) set out the whole agreement between You and Us for the sale of the products through Our Website (the “Goods”). Please check that the details in Your Order are complete and accurate before You commit Yourself to Your Order. If you think there is a mistake or omission in Your Order, please contact Us immediately. Any variation to Your Order that You agree with Our authorized employees and agents will be only be binding if recorded in writing. Please ensure that You read and understand these Terms before using this Website and before You submit the Order, because Your Order is bound by these Terms.
Any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:
- whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;
- where We offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;
- where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;
- throughout the jewelry industry, many gemstones undergo some form of treatment to enhance their appearance or durability.Therefore, You should assume that any gemstones You purchase from Us are treated. For more details of typical treatments, please see Our Website; and
- whilst We always endeavor to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted We cannot always verify the reported origin.
If any of these Terms are inconsistent with any term of the Order, the Term shall prevail. The Order is an offer by You to enter into a binding contract, which We are free to accept or decline at Our absolute discretion. Receipt of an Order by Our customer service or via Our Website does not constitute Our acceptance of an Order. We shall assign an order number to the Order and inform You of it (“Order Confirmation”). Please quote the order number in all subsequent correspondence with Us relating to the Order.
Any Order placed through or as a result of Gemporia television programs (whether by telephone, internet or any other method) shall be subject to Gemporia TV Game Procedure and Policies.
DELIVERY OF THE GOODS
Please see Our Delivery Table for delivery times, charges and options.
Delivery periods may vary depending on address. We do not warrant any time for delivery. Time for delivery is not of essence to the contract. We will not accept any liability for any claims, losses, costs, damages, expenses or similar claimed to have been incurred by You or any third party arising directly or indirectly or connected in any way with a failure to meet an estimated or requested delivery date.
We will charge You one delivery charge per Order, regardless of the quantity of Goods ordered, subject to the terms in Our Delivery Table
The Goods will be Your responsibility from the time of delivery to the delivery address given by You. Ownership of the Goods will only pass to You when We receive payment in full of all sums due for the Goods, including delivery charges.
30 DAY “NO QUIBBLE” RETURNS AND OTHER RETURNS
Whenever You buy Goods from Us, You have the benefit of Our "No Quibble" 30 day returns, which starts on the day You receive Your Goods. If for any reason You are not satisfied with any of Your Goods, just complete the returns form enclosed with the Goods in Your Order and send the item back to Us for a full refund of the item price. This excludes Goods that has been engraved.
To take advantage of this, You must ensure that the Goods are returned to as new and this means that:
- You must not remove the identification tag that is attached to the Goods;
- With earrings (and any other jewelry for piercings) You must not break the hygiene seal;
- You must not have altered the Goods - for example, We cannot accept returns of rings that have been re-sized;
- You must return the Goods in all its original packaging and with its original authenticity card;
- You must ensure that the outer packaging is sufficient to protect the Goods in transit.
Your return will not be accepted if any of these requirements are not met. You do not need to contact Us prior to returning the Goods - simply follow the instructions in the newsletter enclosed with Your Order, making sure You use an insured delivery method.
Provided that the Goods are received by Us in new condition and You returned the Goods within 30 days from Your receipt of the Goods, We will use commercially reasonable efforts to process Your refund within a maximum of 30 days of receiving Your returned Goods into Our warehouse.
If Your Goods become faulty after the 30 day return period, but before six months after You receive Your Goods, if You contact Our Customer Services by email at [email protected] or by phone at 1.855.448.7777 and explain the problem, We may, in Our sole discretion, offer to replace or refund the Goods, but We are not obligated to do so.
We do not accept any returns or give any refunds for Goods that are engraved. We do not refund the cost of the original delivery charges or the return delivery charges. We are not liable for returned Goods which are lost in transit, so it is important that You use an insured delivery method.
By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES
We think links are convenient, and We sometimes provide links on his Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in your third-party site account.
Certain areas of this Website (e.g., customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
- You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
- We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
"Gemporia" is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2016 Gemporia LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to Our Agent for notice of claims of infringement:
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
TERMINATION OF REPEAT INFRINGERS
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $50.00.
LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
PRE-ARBITRATION CLAIM RESOLUTION
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at [email protected] the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
EXCLUSIONS FROM ARBITRATION/RIGHT TO OPT OUT
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at [email protected] the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Miami, Florida or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to Miami, Florida so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
CLASS ACTION WAIVER
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Palm Beach County, Florida. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Gemporia LLC, 477 South Rosemary Avenue, Suite 323 West Palm Beach, FL, USA 33401. If You have a question or complaint regarding the Website or Service, please contact Customer Service at [email protected]. You may also contact Us by writing Us at Gemporia LLC, 477 South Rosemary Avenue, Suite 323 West Palm Beach, FL, USA 33401. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Our Customer Services by email at [email protected], by phone at 1.855.448.7777 or by address at Gemporia LLC, 477 South Rosemary Avenue, Suite 323 West Palm Beach, FL, USA 33401.
TV Presentation Procedures & Policies
Any presentation of products on and from the television media conducted by Gemporia LLC (registered in Delaware, USA) whose office is at 477 S. Rosemary Avenue, Suite 323, West Palm Beach, Florida, 33401 (“we”, “us” and/or “our”) is subject to these procedures and policies.
About TV Presentations
On our TV channels, websites and through our downloadable apps, we run a series of product presentations conducted through live video feeds (each, a "TV Presentation"). TV Presentations may differ in format, but will generally feature a price and a quantity of available items that will decline during the period of the TV Presentation.
From TV Presentation to TV Presentation, the number of featured items that are available to be purchased at the final price will vary. At some point during the TV Presentation, we may show on the screen the number of items we have remaining in that particular TV Presentation (the "quantity remaining"). This is an indication of how many more of that item we intend to sell in that TV Presentation. It is not necessarily representative of the total number of items we may have in stock in our vault (the "vault quantity") at any given time (that is, we may have more of the item available than the number indicated as "Left In Auction"). There is no obligation on us to sell the entire TV Presentation quantity remaining; likewise we may sell more than this quantity where there is greater demand than we anticipated and there is sufficient un-allocated stock in our vault.
Once we receive these retail valuations we use the multiplier from the cost price to valuation price on these pieces, as determined by the independent authority, to set the start price across all items.
On a monthly basis we send 100 samples, reflective of that month’s jewelry, to the UK’s highest independent authority, Safeguard (a division of the Birmingham Assay Office which specializes in valuations and appraisals), and have them assess the retail value of each piece.
Once a particular TV Presentation begins, the price for the featured item may start to fall and may periodically be reduced until we, in our absolute discretion, decide to move on to the next item. We can move on to the next item before all, or any, of the TV Presentation quantity has been allocated to customers. When we move on to the next item, the previous TV Presentation may remain open until it is terminated (see below) and customers can continue to purchase the item at the final price if sufficient quantity is still available to be allocated.
Placing Your Order
If you see an item that you would like to purchase, you may place your order when it reaches the price you are willing to pay. You can do this through this website, through any of our apps or by calling our Help Team on 1 800 500 6010. By placing your order you agree that you are able to and intend to purchase the item(s) you order at the final price (which may or may not be lower than the price at the time of your order). Please note that no order is binding until accepted by us.
Allocation of items
Following your order, an item will be allocated to you either when you have checked out your order, or when you have successfully placed an order with our Help Team for the item. Once an item has been allocated to you, you will have reserved the item for purchase and you will have agreed to purchase the item - subject to our cancellation and return policies in our terms and conditions. If you choose not to check the item out immediately, then you may lose it to other purchasers if we have more demand for the item than the vault quantity. As long as we have sufficient quantity, the item will remain in your basket at the final price for up to 12 months after which it will no longer be available for sale.
Reducing the TV Presentation quantity
While a TV Presentation is being displayed, our producer will use reasonable efforts to ensure that the remaining TV Presentation quantity reflects how many more items exist for viewers to order for one of the remaining quantity. In doing so, they will use all the information that they have on hand including the current and historical order activity on our website and telephone lines. For various reasons, the TV Presentation quantity remaining presented on screen will not always be the exact quantity actually remaining and should be treated as an indication, not a firm number. For example, callers may hang up before speaking to our Help Team, or may purchase multiple quantities. Our producers are trained to use their experience to make the on-screen quantity as accurate as reasonably possible, but by participating in TV Presentations you accept that the numbers on screen are estimations in the producer’s discretion and may not reflect the exact numbers available for order.
Termination of TV Presentation
TV Presentations usually terminate at the earlier of one hour from when the graphics are removed from the screen at the end of the main presentation of the item, or when we have allocated the vault quantity to customers. We may, at our discretion, display an item on screen again after the main presentation if there is still some of the Presentation quantity available; this does not extend the length of the TV Presentation and it will still terminate in accordance with this paragraph. TV Presentations that have not yet terminated may also be displayed on our website. Where we are running showcase TV Presentations that start simultaneously, these will also terminate simultaneously at the end of the showcase. Starting a showcase will also terminate any other TV Presentations that were still running at that time.
The final price is the last (and lowest) price that we display prior to removing the on-screen graphics in the main presentation of a TV Presentation. Regardless of the price at the time of your order, you will pay the same final low price (plus any applicable taxes and shipping charges) as all the other purchasers if you successfully have an item allocated to you.
Where a telephone call or website order is received after a TV Presentation has terminated, the customer will not be entitled to purchase the item at the final price. However, if any allocated items are cancelled by customers, we reserve the right to (but do not obligate ourselves to) contact customers who were turned away after the termination of the TV Presentation in order to offer them the product at the final selling price.
Good faith participation in TV Presentations
The success of the TV Presentations depends on the good faith of the participants. We try to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the TV Presentations. While we do have a “no questions asked” 30-day return policy all participants in TV Presentations must place their bids in good faith with the intention of purchasing the item at the final price, which may be the price at the time you ordered or at a lower price if the price continues to fall before the TV Presentation ends.
If you subsequently see the exact same piece of jewellery for sale in a TV game or the live auctions on the website and notify us immediately, we will happily credit your customer account with the difference between the price you paid and the later price. This guarantee is for items purchased in a TV game only and does not apply where the subsequent sale is part of a clearance, or where it is the sale of seconds or ex-demo items.
Please note that the Lounge is predominantly a clearance avenue, so items sold on the Lounge cannot be used to generate a price promise against items sold on Gems, Gemporia or the static Gemporia website.
Additional Terms and Conditions
This website is operated and managed by Gemporia.
available through this website (the "Site"). By using this Site or by registering
expressly consent to our collection, storage, use and disclosure of your personal
You can browse the Site without telling us who you are or revealing any personal
information about yourself. Once you give us your personal information, you are
not anonymous to us. If you choose to provide us with personal information, you
consent to the transfer and storage of that information to our servers located in
the United Kingdom. Where sensitive data is stored, it is held in an encrypted form,
only readable by programs that are themselves protected by password and by access
We may collect and store the following personal information:
- Email address, physical contact information;
- Credit/debit card information;
- Transactional information based on your activities on the Site - such as bidding,
buying and content you generate or that relates to your account;
- Delivery, billing and other information you provide to purchase or deliver an item;
- Community discussions, chats, dispute resolution, correspondence through the Site,
and correspondence sent to us;
- Computer sign-on data, statistics on page views, traffic to and from the Site, and
ad data; and
- Other information, including your IP address, Browser, Operating System, Domain Name and Time and other standard web log information.
You can register as a member at no cost or obligation to you. Registering as a member
requires you to enter an email address and password ("Membership Information").
When you become a member, we assign you a Customer Number
and store the date of membership. On the membership form, you may opt out of receiving
any newsletters that we may send. If you do not opt out when joining, we will send
newsletters to you as they are created. On each newsletter, you will be given the
facility to opt out of receiving future newsletters. This information is made available
to our Operational and Marketing staff. Note that all of your activities on the
Site will be traceable to your Customer Number.
When entering into a sales transaction we require, in addition to the Membership
Information, certain contact information. This extends your membership record to
include your Name, Address and Telephone Number.
When goods are to be delivered, we need to have delivery details, so we will require
you to provide a Delivery Name, Address and Telephone Number. This information may also be shared with
any courier company that we may use for the delivery of the goods.
Credit/debit card information
When paying for goods or services via credit card, we require you to enter your credit card number,
expiration date, card type (MasterCard, Visa, etc.), card holder name and card security code.
This information is entered directly on to a page hosted by our credit card payment processing provider,
a PCI DSS Level 1 certified facility, who store these details in encrypted format and provide us with a 'token'
that we store and use to refer to the card for transactional purposes. They also provide us with the first six and last four digits of the card number,
the card holder name, and the expiration date which we store to assist in identifying which card you wish to use in the future.
We do not store the full credit card number at any time.
Due to our use of the 'token' system, card information does not need to be made available to our Operational staff and it is not possible for any of
our staff to obtain full credit card information.
When you place an order, we will keep a record of the type(s) of item(s) purchased,
the quantity, pricing information and any delivery cost. For analysis purposes,
we also store the date the order was placed and the date it was shipped. This information
may be made available
in summary, non-specific form to any of our business partners by way of analysis
or the payment of royalties and/or licenses in the supply of such goods. At the
end of placing the order, we may ask you to enter certain simple items of marketing
information to help us develop our business. You may elect to not enter this information.
Our primary purposes in collecting personal information are to allow for payment
by credit or debit card while providing you with a safe, smooth, efficient, and
customised experience. You agree that we may use your personal information to:
- Provide the services and customer support you request;
- Resolve disputes, collect fees, and troubleshoot problems;
- Prevent potentially prohibited or illegal activities, and enforce our Terms and
Conditions of Sale and policies;
- Customise, measure, and improve our services and the Site's content and layout;
- Tell you about targeted marketing, service updates, and promotional offers based
on your communication preferences; and
- Compare information for accuracy, and verify it with third parties
Our disclosure of your information
We may disclose personal information to respond to legal requirements, enforce our
policies, respond to claims that a listing or other content violates the rights
of others, or protect anyone's rights, property or safety.
We may also share your personal information with:
- Members of our corporate family to help detect and prevent potentially illegal acts
and provide joint services (our corporate affiliates will market only to users who
request these services);
- Service providers under contract who help with our business operations, such as
fraud investigations, bill collection, order fulfilment, shipping, affiliate and
rewards programs and co-branded credit cards;
- Other third parties to whom you explicitly ask us to send your information or about
whom you are otherwise explicitly notified and consent to when using a specific
- Law enforcement or other governmental officials, in response to a verified request
relating to a criminal investigation or alleged illegal activity - in which cases
we will disclose name, city, telephone number, email address, User ID history, fraud
complaints and bidding history; and If we legally segregate some or all of our business, your information may be transferred with the segregated business.
We use "cookies" (small files placed on your hard drive) on certain pages of the
Site to reference information stored on our server, such as member details and any
preferences, in order to improve your browsing experience. Cookies are also used
to track user's behaviour on our Site for analysis purposes, so that we may work
towards offering a better service to our customers. Third party referrals to our
Site, from either their web site, from a dedicated link elsewhere, or from a printed
URL are recorded using a cookie, which enables us to pay any commissions due to
the referrer for your visit to our Site. Cookies are stored in the server logs and
their contents are stored in the Site's database. Browsing behaviour, in anonymous
form, may be made available to our Marketing and Operational staff and may be relayed
to any business party in the interests of improving our services. We do not profile
individual customers using cookies.
A few important things you should know about cookies are that:
- Most cookies are "session cookies," meaning that they are automatically deleted
from your hard drive at the end of a session;
- You are always free to decline our cookies if your browser permits, although doing
so may interfere with your use of the Site; and
- In the event that we host any third party content on this website, you may encounter
cookies from third parties on certain pages of this website that we do not control.
Surveys, questionnaires & competition entries
From time to time, we may invite you to take part in Surveys, Questionnaires or
a Competition. These will obviously take different forms, but will all involve the
capture of answers and other personal information - typically name and email address.
Competition entries will be made available to our Operational staff so that winners
may be selected. Other information will be made available in summary form to our
Operational and Marketing staff. Such information may be made available to business
partners, particularly where a third party is organizing or sponsoring the event.
If this is the case, you will be made aware of the arrangement and in what form
your data is to be passed on.
To unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of any of our marketing emails and you will be opted out of all email communications.
Your password is the key to your account. Use unique numbers, letters, and special
characters and do not disclose your password to anyone. If you do share your password
or your personal information with others, remember that you are responsible for
all actions taken in the name of your account. If you lose control of your password,
you may lose substantial control over your personal information and may be subject
to legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately notify us and change your
Accessing, reviewing and changing your personal information
You can see, review and change most of your personal information by logging into
the Site. Generally, we will not manually modify your personal information because
it is very difficult to verify your identity remotely. You must promptly update
your personal information if it changes or is inaccurate. Should you so wish, and
upon your request, we will close your account and remove your personal information
from view as soon as reasonably possible, based on your account activity and in
accordance with applicable law. We do retain personal information from closed accounts
in order to comply with law, prevent fraud, collect any monies owed, resolve disputes,
troubleshoot problems, assist with any investigations, and take other actions otherwise
permitted by law.
We take the issue of security very seriously. We have established security measures
throughout our Site as a way to protect our information and facilities, and in so
doing we protect your information. Where personal information is entered on and
transmitted to our Site, this is done using Secure Sockets Layer (SSL or https)
encryption technology. All of our operational and administration facilities have
tightly restricted access to protect your privacy. Access to these facilities is
only available over a Virtual Private Network which uses high levels of access restriction
and encryption. In addition to this, sensitive information is stored in an encrypted
form. Our employees are aware of their responsibility to protect your personal information.
While we treat data as an asset that must be protected and use many tools (encryption,
passwords, physical security, etc.) to protect your personal information against
unauthorized access and disclosure, there is a possibilty that third parties may
unlawfully intercept or access transmissions or private communications.
only the use and disclosure of information we collect from you. We will never sell
personal information or share any personal information with third parties that are
unrelated to us. Data which has been aggregated from information - so that it is
expressed in a broad, non-personal manner - may be relayed to third parties from
time to time in order to better serve our customers.
Linking to other web sites
Our site may contain links to other web sites. Please note that when you click on
one of these links, you are clicking to another web site. We strongly advise you
our own. Once you leave our website and enter another website, we cannot be responsible
for the privacy or protection of any information you transmit or provide.
Accuracy of our Site
We make every effort to ensure the accuracy of our Site, both in its operation and
its content. If you discover any errors or omissions, please email the details to:
evolves. Where a revision is made to the policy the revised policy will be posted
immediately upon posting the changes on our website.