Terms and Conditions - GemTrove

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Terms And Conditions

PRODUCT AVAILABILITY

PRICING

PURCHASE PROCESS

DELIVERY

SOURCING AND SUPPLIERS

RETURNS AND UPGRADE

INTELLECTUAL PROPERTY

IMAGES/PHOTOS

ADVERTISEMENT AND PROMOTIONS

PRIVACY POLICY

SUBMISSIONS

TERMINATION OF USE

Notwithstanding any of these Terms and Conditions, GemTrove Pty Ltd 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.

This website is owned by GemTrove Pty Ltd (also known as GemTrove). Before using our website, it is essential to go through the terms and conditions carefully. Your use of this website indicates your agreement and acceptance of the terms and conditions outlined below and elsewhere, if any, on the website and implies that you will comply with and be bound by them together with GemTrove’s Return, Shipping, Upgrade and Privacy Policy which may be outlined elsewhere but is embedded in the terms and conditions mentioned below.

The content placed on this website is for your general information and use only. It is subject to change without notice. We can alter the terms and conditions any time, and you shall be bound by the same. The time these changes are posted on our website, they take effect. Hence it is the user’s responsibility to go through the terms and conditions during every instance when they use this website.

The below-mentioned Terms and conditions govern your use of this site and any purchase from or any correspondence with GemTrove through this site.

At GemTrove, we make every attempt to ensure that our online catalogue and price list is as accurate and complete as possible.

However, since we are selling through the website, it may be possible that more than one person may identify to buy the same product at the same time. In such cases, if there has been a difference in the time of receipt of order through “Order Now” stage, the person whose request we have received first, will be entitled to the purchase of the product before the other/s.

However, if the time of receipt of a request is also identical, then GemTrove reserves the right to offer the product to either of the purchasers first.

We have a limited number of suppliers we do business with to ensure that we maintain our high standards and quality. Hence, it may be possible that at the exact instant/or a few seconds before when a customer places his request, the product which he identifies for purchase, goes out of stock, as the suppliers for such exquisite and high-end diamonds are limited and at that very instant the supplier may have supplied that same product to some other dealer. In such cases, although we may offer to supply you the same/similar product within the quickest possible time, however in such events, GemTrove will not take any responsibility and will not be liable to you for any loss or damage from such action or happening of such event.

If you are interested in a product that is currently on back order, you may call us, and we will inform you when the item will be back in stock. 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 be happy to discuss possible options with you directly.

We do not negotiate prices on our products and all our prices are final. Our prices are also subject to change without notice. We offer the best and most competitive prices in the industry. You may refer to our section on “Price Guarantee” for more information on the same.

Data, including prices, descriptions etc. may be inaccurately displayed on our Site due to the 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 honour inaccurate or erroneous prices.

When we obtain your order, the price displayed on this website at that time will be the price you pay us. Although we take every measure to ensure that all prices displayed on our website are correct, sometimes errors do occur. We will inform you as soon as possible if we discover such errors. We will also offer you the option to either reconfirm the order to the original price or cancel it. In case we are not able to contact you, 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 changed prices.

When you purchase from GemTrove through our website, you reach the final stage of your order with the ‘Order Now’ stage which lists the details of your order. After this, an ‘Acknowledgement of Order’ email will be sent to you, which provides the information about the products you have purchased.

If you require specific details of the purchases that they have made previously, please contact us as we don’t offer direct access to the particulars of your purchase using this website. Hence, for your records, we advise you to take a print of the ‘Acknowledgement of Order’.

It is essential to provide accurate information at the time of purchase as your Identification documents may be verified by an ID verification agency and/or fraud prevention and verification agencies. You have the legal rights to ask for the details of the credit reference and fraud prevention and protection agencies from whom we get and provide information related to you. Please feel free to call us on +61 39663 9001 for receiving the details. You also have the legal right to obtain a copy of information that we have about you. However, a fee will apply upon this request.

Once your order is placed, GemTrove verifies your credit/debit card details and also checks the availability of stock. Since the goods are always subjected to availability, we will inform you within 48 hours when we are not able to supply them. You will also be provided with a full refund or offered a store credit if you have already made the payment.

The payment process commences when you choose the order. This is followed by the ‘proceed’ and ‘Check out’ process, either through Credit/Debit card, PayPal or by using Bank transfer or any mode of payment as mentioned on the GemTrove site at the time of payment.

Whenever you purchase any product using this website, the title of that product will be passed on to you once we receive the payment in full for the products.

We may also cancel your order at our sole judgement in which case GemTrove shall return the money received from you to your nominated account within 30 days of receipt. GemTrove will not be held liable for any loss, cost, expenses, damage or other claims incurred in any such event. If in any case, a failed payment from you occurs, you agree to pay GemTrove in full with regards to all the cost and outgoings incurred by us in obtaining payments.

Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors. GemTrove shall be under no liability for any delay or failure to deliver the products within estimated timescales. Orders can be collected directly from us with appropriate proof of Identity such as passport, driving license, Medicare card etc.

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

Our products are delivered within Australia (for international orders, please contact us prior to placing the order). Usually, the delivering agents are a) Australia Post for Australia; b) FedEx secure delivery if it is any other region; c) Under special situations, GemTrove nominates a different delivering agent.

Please Refer to our “Shipping Policy” for more details on the same.

At GemTrove, we source our diamonds from the largest and most reputable suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international certification scheme that regulates the trade in rough diamonds and polices the trade of diamonds to ensure they are from sources free of conflict.

DIAMOND/LAB CERTIFICATES

When you order a diamond, we send it to you with the accompanying diamond grading report (also called a diamond certificate or Lab Certificate). These certificates are detailed documents created by diamond grading experts at a respected diamond laboratory. The diamond certificate is not a guarantee, valuation or appraisal made by GemTrove and we make no representation or warranty regarding this certificate.

It is very expensive to replace a diamond grading report because each report is prepared for a particular piece. Therefore it becomes necessary that we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee.

GemTrove will adhere to returns only based on our “Return Policy” as laid down on our website. For more information on the same, please refer to our section “Return Policy”.

GemTrove offers a diamond upgrade program as per our “Upgrade Policy”. For more information on the same, please refer to our section “Upgrade Policy”.

The Site and all content and other materials, including, but not limited to video, audio, pictures, text, audiovisuals, graphics, logo, and all designs, information, data, software, sound files, and any other product or service name or slogan contained in our Site and the selection and arrangement thereof are the proprietary property of GemTrove or its licensors or users and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws and the same may not be reproduced, copied, republished, distributed, downloaded, displayed, transmitted or posted in any form or by any means.

This website contains material which is owned by or licensed to us.

You acknowledge and agree that you can download the material and content for using the website and for your own personal and non-commercial use and for no other purpose. It is prohibited to copy, transmit, reproduce, publish, display, distribute, create derivative works, or exploit such materials.

Photos and Images Photos of the product on this website are not to scale and are to be used as a guide only since our images have been cropped to show detail. Therefore the user/viewer has to refer to the description of the product for measurements.

In an attempt to show the product in a colour/size/dimension etc. that is as close as possible to the original, all our photos are taken using light that is as close to natural light as can be.

If required the customer can request to see the actual product and if in stock we will be obliged to show the same.

We do not guarantee the accuracy of specifications of the product as seen by you on your monitor and we will not accept any liability or undertake any returns based on variations of your gem from the display image of the product on your particular monitor or any other computer.

GemTrove may run advertisements and promotions from third parties on this Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GemTrove, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. GemTrove assumes no responsibility or liability 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 advertisers on our Site.

To know more about the collection uses, sharing and protection of your personal information provided to us, please read our Privacy Policy.

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, or our products or services that are provided by you to GemTrove shall become the sole property of GemTrove. GemTrove 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 acknowledgement or compensation to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless GemTrove, its 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 GemTrove and/or its employees, directors or agents, 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.

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