These terms and conditions apply to the Gemvara site located at www.gemvara.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, Gemvara Site, and constitute an agreement between you and Gemvara. Gemvara 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 the Site. 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 Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
We do not offer post-order price matching when an item's price drops after you buy it. Because they are based on the latest market gem and precious metal values, our prices change regularly. The price you paid when you placed your order was the lowest price we were able to offer at the time. We consistently offer competitive prices on everything we carry because we know low prices are very important to our customers.
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 doesn't 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.
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 apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at 1-800-436-8803.
We do not negotiate prices on our products and all our prices are final.
If you are not satisfied with your purchase, you may return it within the first 101 days after delivery for a full refund. Call 1-800-436-8803 for instructions on returning an item. Jewelry that no longer has the tag attached, has been resized, damaged, or otherwise altered after delivery will not be accepted for return. All jewelry must be returned in new, unworn condition with the tag attached. NOTE: Some special orders are nonreturnable. We will inform you if an item cannot be returned before going ahead with your order.
Installment Payment Program (“Installment Payments"). Installment Payments allows you to purchase certain items by paying a deposit and making monthly installment payments over a specified amount of time (up to three months). Gemvara will designate any item that is eligible for Installment Payments (an “IP Eligible Item”) with a drop down on the product detail page on the website. Gemvara will also designate the deposit and the number of installment payments that will be accepted for each IP Eligible Item.
The amounts of the deposit and the installments will be calculated as follows. The product price will be divided by the deposit and number of monthly installments. Taxes will be divided evenly between the monthly installments. In some instances, the product price cannot be paid in precisely equal payment amounts. When that occurs, the deposit may be adjusted appropriately, usually only by a few cents, to make sure the purchase price is paid in full.
By choosing to use Installment Payments on any IP Eligible Item, you authorize Gemvara to charge your selected method of payment for the deposit on the day the IP Eligible Item ships. An appropriate number of installment(s) will be charged every 30 days thereafter until the price of the IP Eligible Item is paid in full.
Gift cards can be used alongside Installment Payments, however if the total value of Installment Payments are less than the value of your gift card, the entire value of the purchase will be applied to the gift card at the time of purchase. If gift card funds are insufficient to cover an order, the total value of the gift card will be applied to the order, and the remaining balance will be divided by the desired number of Installment Payments.
If any charge for an IP Eligible Item is declined, we may resubmit it the number of times permitted by payment card rules. If the charge is declined after being resubmitted as permitted by the payment card rules, we may charge you reasonable costs of collection. In order to avoid declines, you agree to provide us with updated information if the number changes on your method of payment or the card expires, and you authorize us to charge updated card information that we may obtain from other sources. If we are unable to process your future payments, an email will be sent requesting updated payment information.
Disputes concerning your participation in the Installment Payments Program (including past due payments) are subject to Gemvara’s Payment Disputes Policy contained in these Terms and Conditions.
You must choose to participate in Installment Payments at the time you order an IP Eligible Item. Installment Payments cannot be used with an existing order or on any item that is not an IP Eligible Item.
By purchasing any IP Eligible Item, you agree to be bound by Gemvara’s Terms and Conditions, including the above terms and conditions for Installment Payments. You also agree that to the extent required by law, by purchasing any item from Gemvara, through placing an order with our call center, providing your debit/credit card number, providing other identifying information, by ordering on our website and/or any other actions to effect an order, you have provided your electronic signature agreeing to Gemvara’s Terms and Conditions and otherwise agree to Gemvara’s Terms and Conditions.
Payment Disputes Policy Any controversy or claim arising out of or relating in any manner to any product(s) purchased from Gemvara, orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website (“Claim”) shall be settled by individual binding arbitration administered by the American Arbitration Association (AAA) using the AAA’s Commercial Dispute Resolution Procedures. Any such arbitration shall be exclusively conducted in Boston, Massachusetts using an arbitrator selected in accordance with such rules and procedures. Any decision or award as a result of any such arbitration proceeding shall be in writing and final and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be enforced by any court of competent jurisdiction. Such arbitration shall be specific to you, and as such, you agree that you shall not bring and expressly waive your right to be a lead plaintiff or participant in, any action against Gemvara as part of a class filed either in arbitration or in any court. All parties retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes in amounts that are within the scope of such tribunal’s jurisdiction. You waive any right to consolidate or otherwise combine your Claim with any Claim(s) filed by other persons with such small claims tribunal. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with the terms of this Agreement; provided however, that if applicable law limits Gemvara’s access to a small claims tribunal (including without limitation, by prohibiting corporations from filing small claims actions or by limiting the number of small claims that Gemvara can file), Gemvara retains the right to seek adjudication of its Claims in a court of competent jurisdiction in the county of your residence. In the event the foregoing is held to be unenforceable by any court, you and Gemvara agree to submit to the exclusive jurisdiction of the courts located in Boston, Massachusetts to resolve any Claim. Any Claim that you have with Gemvara must be commenced within one yearafter the Claim or cause of action arises or such Claim or cause of action shall be barred.
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. Your order may be delayed until we are able to contact you. To confirm the quality of a jewelry item, please call us at 1-800-436-8803, and we would be happy to help you make your choice.
Information on our Site
At Gemvara, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our images; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Gemvara states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Gemvara Site, we provide 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 Gemvara logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Gemvara 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 through 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 Gemvara, 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
Gemvara may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Gemvara does not monitor or have any control over any Third Party Content or third party Sites. Gemvara does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Gemvara 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
Gemvara 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 Gemvara, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Gemvara 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-Gemvara advertisers on our Site.
Gemvara promotions are not combinable with other promotions or discounts including vouchers and coupons. Please note that Gemvara 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, Gemvara, or our products or services that are provided by you to Gemvara are non-confidential and shall become the sole property of Gemvara. Gemvara 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 Gemvara and its affiliates and sublicensees 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.
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 User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Gemvara, 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 Gemvara 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 GEMVARA, 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. GEMVARA 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. GEMVARA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GEMVARA 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 GEMVARA, 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 GEMVARA, 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 GEMVARA'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 Gemvara 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, Gemvara 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.
All products purchased from us are for your personal use only, and any resale or commercial use of our products is strictly prohibited. Silpada reserves the right to refuse to sell any of its products to anyone who violates these terms.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at 1-800-436-8803.