Welcome to the GEM GEM Website!

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1. Preamble

The purposes of the present terms and conditions of sale (hereinafter referred to as the « GTC ») are twofold. Firstly, the GTC are provided to notify potential consumers regarding the general terms and conditions pursuant to which GEM GEM Sarl (hereinafter referred to as« GEM GEM ») proceeds, in its capacity as seller, to the sale and delivery of articles ordered. Secondly, the GTC define the respective rights and obligations of the parties with respect to the sale of articles by GEM GEM to all or any natural or legal persons (hereinafter referred to as« the Buyer »).

 

They apply, without restriction or reservation, to all sales of articles offered by GEM GEM on its website at www.gemgem.ch (hereinafter referred to as the « Site »).

The registered corporate name and office of GEM GEM are as follows :

 

GEM GEM Sarl
Rue de la Confédération 7
1204 Geneva – Switzerland
+41 22 565 24 06
info@gemgemgeneva.com

 

Use of the Site shall be strictly subject to the GTC. By using the Site, you expressly acknowledge that you fully understand and accept the said GTC.

 

GEM GEM reserves the right to amend all or part of the GTC without prior notice. Unless otherwise expressly stipulated, the duly amended GTC shall enter into force with immediate effect and be applicable to all sales concluded following the said entry into force.

 

2. Conditions of purchase

Only persons of legal age, possessing the legal capacity to enter into legal agreements and having an address for delivery in a country accepted by GEM GEM for its transactions shall be entitled to order products through the Site. Any orders placed in violation of this clause shall be deemed null and void.

 

By placing an order on the Site, you expressly represent and warrant that you are a Buyer and end user acting in good faith and that you will not deliver, sell or otherwise distribute GEM GEM products to third parties. If any article ceases to be available, thereby rendering it problematic for GEM GEM to execute a given order, then GEM GEM reserves the right to decline the said order at its sole discretion.

 

3. Representation of jewels and stones on the Site

Photographs of jewels and stones on the site are provided essentially for the convenience of buyers so as to facilitate a general impression of the characteristics of GEM GEM products. All other content of the site is similarly provided for information purposes only.

 

With respect to the products presented on the Site, and to the extent permissible by law, GEM GEM accepts no responsibility and makes no warranties whatsoever regarding accuracy, merchantable quality, satisfactory standard, fitness for a particular purpose, non-infringement of rights or the absence of defects.

 

The jewels featured on the Site are handcrafted by artisan jewellers and may consequently be subject to differences between models.

 

Similarly, each stone will tend to have its own individual markings and variations in colour. In this regard, the illustrations on the Site may not be deemed to present a rendition that is rigorously precise in every such detail. Rather the photographs are intended for guidance purposes in order to give the buyer a general indication of colour and texture that is as faithful as possible but which may not be assumed as definitive.

 

The photographs on the Site have no contractual value and do not bind or engage the responsibility of GEM GEM in any manner whatsoever. Any perceived differences in colour, perspective, or texture may be due to (inter alia) the photographic process and/or viewing screen quality and settings.

In cases of uncertainty, or if you have a question, please do not hesitate to contact us by e-mail at info@gemgemgeneva.com.

 

4. Exclusion of warranty/limitation of liability

To the extent permissible by law, GEM GEM accepts no liability and furnishes no guarantees with respect to any adverse consequences arising out of the use of or reliance on content provided on the Site. None of the information, illustrations, data or files compiled on, or downloadable from, the Site are covered by any guarantee or warranty as to, for instance, their accuracy, comprehensiveness, precision, topicality, quality or results etc.

 

GEM GEM accepts no responsibility, and provides no guarantees, as to the absence of defects/errors in the functioning of the Site and/or in the content, files, software and other features present on or downloadable from the Site (including, without limitation, viruses, trojans and malware that may interfere with the proper functioning of any software, hardware or other equipment).

 

Similarly, GEM GEM accepts no responsibility, and provides no guarantees, regarding the availability of the aforesaid content, files, software and other features; the correction of defects/errors, or the absence of potentially harmful elements on the Site or its servers. Access to the Site may be interrupted or blocked at any time, notably for the purposes of maintenance and/or updating.

 

5. Confirmation and verification by the Buyer

GEM GEM draws attention to the fact that it is the responsibility of the Buyer carefully to check all the details of an order before confirming it, including, without limitation, the specific information with respect to each transaction furnished on the Site. Once the order has been fully checked, the Buyer must first click the appropriate box to confirm that he/she has read and accepts the GTC before clicking the« Order with payment obligation » button to finalise the order.

 

By virtue of the above act of finalising the order, the Buyer shall be deemed to submit to GEM GEM a formal offer to purchase the items ordered. Notwithstanding anything to the contrary herein, GEM GEM reserves the right to refuse, cancel and terminate orders at any time on legitimate grounds.

 

For example, GEM GEM may refuse, terminate or cancel an order from the Buyer in the event of on-going litigation concerning the payment of a previous order from the Buyer.

 

6. Prices

Prices are quoted in Swiss francs (CHF) and include Swiss Value Added Tax (« VAT »).

 

They do not include shipping/delivery costs or costs involved when returning or exchanging items, which are the responsibility of the Buyer.

 

The shipping/delivery costs are detailed during the purchase procedure and clearly added to the purchase summary, alongside the VAT charge, prior to final validation and submission of the order by the Buyer.

 

GEM GEM reserves the right to modify prices at any time without notice. Notwithstanding this discretion, articles shall be invoiced to the Buyer on the basis of the prices indicated on the Site at the time of the validation of the order.

 

The amount of Swiss VAT shall be deducted with respect to consignments for delivery outside Switzerland, The Buyer shall nevertheless be subject to any customs duties and local taxes payable in his/her territory.

 

In cases of uncertainty, or if you have a question, please do not hesitate to contact us by e-mail at info@gemgemgeneva.com.

 

7. Orders and delivery

Through the actions of accepting the GTC and clicking on the« Make payment » button on the Site, the Buyer confirms purchase and concludes a valid sales agreement with GEM GEM within the meaning of Article 197 et seq. of the Swiss Code of Obligations. The body of data submitted by the Buyer constitutes evidence of such transaction. Payments are authorised by bank transfer (e-banking), PayPal and the most commonly used credit cards as indicated on the Site.

 

As soon as an order has been duly validated and paid, the Buyer receives an automatic e-mail confirming the transaction. GEM GEM reserves the right to refuse all or any part of an order, notably when all or part of the items ordered are no longer available.

 

Items are normally offered for sale within the limits of available stocks. Subject to agreement, some more exclusive models may be manufactured on demand or upon special request.

 

The standard delivery time within Switzerland for an available item is between one to two weeks. Eight to ten weeks should be allowed for exclusive, made to order articles. Details regarding anticipated delivery time of products are provided on the Site on a case-by-case basis and also, whenever feasible, communicated to the Buyer in the follow-up e-mail confirming the transaction.

 

The delivery times thus communicated are indicative only. They have no contractual value and do not commit or impose any liability on GEM GEM.

 

In the event of damage during transport, the circumstances must be reported to GEM GEM within three days of receipt of the product by the Buyer.

 

8. Warranty

GEM GEM offers a 2-year warranty, commencing from the date of delivery, covering manufacturing defects in its products.

 

Despite every care taken by our jewellers and the strict quality control procedures in place, it is possible that on rare occasions some defects subsist. The warranty covers only those defects that, in the opinion of GEM GEM, cannot be attributed to accident, improper use, normal wear and tear, modification, or attempted repair beyond its control or responsibility. Normal ageing and wear of the jewels and beads constitutes an integral characteristic of the product and cannot be construed as a defect within the meaning of the GTC.

 

Similarly, scratches or marks appearing on metals or stones when used or worn do not constitute defects.

 

GEM GEM accepts no liability for the loss of beads.

 

All perceived defects must be immediately reported by e-mail, duly backed up by photographs as attachments, to GEM GEM at the following address: info@gemgemgeneva.com. Returned items must be dispatched unused and as new in the original box and with all the original packaging. The Buyer shall be wholly responsible for the return of items. GEM GEM accepts no responsibility or liability for damage, loss or theft during transport. The Buyer shall bear the full cost of returning items. For address and all other details regarding returns, kindly contact: info@gemgemgeneva.com or call +41 22 565 24 06.

 

Items under warranty that are confirmed to be defective upon due return in accordance with the above procedures shall be, at the sole discretion of GEM GEM :

 

1. replaced by a similar item, subject to availability;
2. repaired, depending on the extent of damage and subject to feasibility;
3. refunded.

 

In the context of eventual claims, it is imperative that the Buyer should retain the warranty card(s) supplied with the relevant purchase(s). The warranty card notably provides proof of purchase, validates the authenticity of the products and serves as evidence of a right to seek redress pursuant to the guarantee.

 

9. Returns

In the unlikely event you shouldn’t be pleased with your new jewel(s), you can take advantage of our return policy.

 

The deadline for contacting us is 5 days from the reception of your order. This should be done by email at info@gemgemgeneva.com, indicating the purchase order and a phone number to reach you. We will contact you and take you through our return process, the jewels have to be sent back under insurance coverage.

 

We cannot refund returned items unless all elements on the Returns Checklist are confirmed.

 

Returns Checklist for unsatisfactory purchase:

1. The jewel(s) is/are unworn, free of any marks, scratches or other impediments that would prohibit it from being offered for sale as new.

2. All instructions, guarantees, presentation packaging etc. are unblemished and included with the jewel(s).

3. The issue is announced to us within 5 days of reception and returned to us within 10 days of reception. 

 

4. The jewel(s) is/are returned to us following our procedure and instructions, please contact us prior to return the jewel(s), we are here to help you with the process.

 

The refund of the product(s) will be executed within the next 10 days.

 

Shipping costs will be deducted from the reimbursement amount unless a replacement purchase is made, in which case you will not be charged for the return fees.

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Version: January 2023

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10. Protection of personal information

With respect to data provided by the Buyer in the conduct of transactions, GEM GEM is subject to and endeavours to abide by all relevant prevailing legislation, including the Swiss Data Protection Act.

 

GEM GEM retains and safeguards all such data solely for the purposes of fulfilling orders, due invoicing and delivery. GEM GEM does not communicate such information to third parties. GEM GEM may at its discretion include the Buyer on the mailing list for its Newsletter but the Buyer reserves the right and possibility to cease such subscription at any time by simply clicking the relevant link clearly situated at the foot of each edition. Similarly, the Buyer may access his/her personal data at any time in order to amend or delete the information.

 

For more information, or if you have any questions regarding the protection of personal data, please send an email to GEM GEM at info@gemgemgeneva.com.

 

11. Copyright

All content on the Site is protected by GEM GEM copyright (Copyright ©). All rights are reserved. By using the Site, you accept and acknowledge that everything seen or read on the Site, including but not limited to the images, products, GEM GEM creations etc. (hereinafter referred to as « GEM GEM Documents ») are the property of GEM GEM and thereby duly protected by law, including notably the prevailing legislation with respect to copyright, the protection of registered designs and trademarks, as well as the provisions of the relevant international treaties and national laws.

 

It is strictly prohibited to sell, reproduce, distribute, communicate, modify, display, or otherwise develop derivative or imitative works based on GEM GEM Documents. It is further strictly prohibited to use GEM GEM Documents in any manner whatsoever for public or commercial ends.

 

All and any unauthorised use of GEM GEM Documents triggers exposure to infringement of copyright laws, trademark laws, privacy laws and advertising laws.

 

12. Applicable law and jurisdiction

The present GTC are established pursuant and subject to Swiss law. Subject only to other eventual mandatory fora, all and any litigation, disputes or claims arising from or relative to purchases from the Site and/or the present GTC shall be settled by the ordinary courts of the Canton of Geneva.

In the event of conflict, the French version of the GTC shall be deemed the authentic text.

 

Version: January 2020

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