Terms and ConditionsThese terms and conditions apply to the Gemorie site located at www.gemorie.com. Please read these terms and conditions (the 'Terms and Conditions') carefully. By using the site, you agree to be bound by these terms and conditions.
These Terms and Conditions govern your use of, and any purchase from, Gemorie Site, and constitute an agreement between you and Gemorie (hereon referred to as either "Gemorie" or "We"). Gemorie reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on Gemorie. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the Gemorie Site. If you do not agree to these terms, you must stop using the Site.
Product Availability and Pricing
Because of the volume of orders Gemorie receives on a daily basis, an item may go out of stock before we can update the Site. Should this occur, a representative of Gemorie will contact you directly to discuss possible options.
Gemorie does not offer price-matching, before or after the purchase was made by the customer. Our prices are determined by the fluctuating market values of precious stones and metals, which means the prices offered on the site is the lowest available at the time of purchase. In addition, Gemorie cannot modify sales data once a transaction has occurred unless under extreme condition. In such cases, Gemorie has sole discretion of what is considered an "extreme condition."
Items in your shopping cart and wish list will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart or wish list will not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it. Customers will only pay the stated price at the point of purchase, not the time during which an item was place in the shopping cart.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without Notice.
We do not negotiate prices on our products with customers and all our prices are final.
Customers may return unsatisfactory items within the first 30 days after delivery for a full refund. See the Shipping and Refunds page for more details on returning items. All jewelry must be returned in its original, unworn condition with tag(s) attached. Items that were damaged or modified by a third party after delivery are not eligible for returns. Engraved or customized pieces will be examined on a case-by-case basis for possible returns.
Unnecessary comparison shopping causes undue restocking and inventory overhead, which can be very costly. For this reason, comparison purchasing is not allowed by Gemorie in an effort to keep prices low for all customers. Please contact Customer Service to confirm the quality of a product before purchasing.
Information on our Site
Gemorie aims to provide customers a compressive and accurate catalog of jewelry pieces. In order for you to view our products in high resolution detail, some products may appear smaller or bigger than its actual size. Furthermore, computer settings (like graphic preferences) may slightly alter the actual colors and sizes.
In order for customers to make informed decisions, and in compliance with industry standards and FTC regulations, Gemorie states the total carat weight of all purchases by vary slightly by 0.05 carats from the stated weight.
Gemorie provides the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on the manufacturing process.
The Site and all content and other materials, including, without limitation, the Gemorie logo, and all designs, text, graphics, pictures, selections, coordination, ambiance, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are licensed properties of Gemorie and/or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance, or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Gemorie, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Third Party Content
Gemorie may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party Sites. Gemorie does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. We does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Gemorie may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gemorie, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Gemorie is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Gemorie advertisers on our Site.
Gemorie promotions are not combinable with other promotions or discounts, including vouchers and coupons. Gemorie reserves the right to rescind, revoke, or terminate our promotions at any time, with or without cause.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Gemorie, or our products or services that are provided by you to Gemorie are not confidential and shall become the sole property of Gemorie. Gemorie will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Gemorie and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Gemorie, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Gemorie and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEMORIE, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEMORIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. GEMORIE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GEMORIE DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL GEMORIE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GEMORIE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GEMORIE'S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Gemorie may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient Notice of such modification.
Notwithstanding any of these Terms and Conditions, Gemorie reserves the right, without Notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Questions & Contact Information
If you have any questions, please do not hesitate to contact us at 855-310-8479.