Terms & Conditions
This website is operated by GEMSA .CO.UK. Throughout the site, the terms “we”, “us” and “our” refer to GEMSA .CO.UK. GEMSA .CO.UK offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Gemsa Jewellery Limited is a company registered in the United Kingdom at Companies House. Our registered office is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ United Kingdom and our registered number is 13631620.
You can contact us at that address, or via email at contact@gemsa.co.uk.
We recommend that you print out and keep a copy of these terms and conditions for future reference. These terms and conditions apply to all interactions and transactions on this site. Please read them carefully. They do not affect your statutory rights. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
It is important that you read these terms and conditions of sale ("Terms of Sale") carefully before accessing, using or ordering any Product(s) ("Products") from gemsa.co.uk ("Site"). Together with our Privacy Policy and, these terms and conditions govern our relationship with you in relation to this Site and your purchase of our Products on this Site.
By placing an order for any Product(s) on this Site ("Order") you agree to be bound by these Terms of Sale, and by continuing to access the Site you agree to accept the practices described in these Terms of Sale, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, which may be updated or changed by us from time to time.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. A regular visit to this page will ensure awareness of any future changes. Your continued use of the Site following such change(s) shall signify your agreement to be bound by our modified Terms of Sale.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are aged 18 years or over and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
USER-GENERATED CONTENT UGC POLICY
By tagging your social media posts and/or social media images (including their captions) with #gemsa, #gemsalondon, #gemsajewellery and/or #yesgemsa (in response to our request(s)) (the “Gemsa Hashtags”), or with the following handles @theofficialgemsa and/or @gemsalondon (the “Gemsa Handles”), or by uploading content to any Gemsa website or mobile applications and/or the Gemsa social media pages (together the “Gemsa Platforms”) you agree to the following Gemsa user-generated content (“UGC”) policy.
All posts and content tagged with the Gemsa Hashtags and/or the Gemsa Handles, or uploaded to the Gemsa Platforms, including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images and all other information and material shall be referred to in this policy as UGC.
You grant to us a royalty-free, perpetual, irrevocable - unless you tell us otherwise - transferable, worldwide license (including the right to sub-license) to use, publish, edit and remove UGC in our sole discretion and on any media, for any purpose, including to advertise our products;
You hereby warrant and represent that:
i) you own all rights in UGC;
ii) you have obtained permission from any person(s) identifiable in UGC to grant the rights specified in this policy, or where those person(s) are aged 18 years or under, you either are the parent or legal guardian or such identified person(s), or have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in UGC and to you submitting UGC to the Gemsa Platforms. iii) your use and our use of UGC will not infringe the rights of any third party or breach any applicable law or regulation.
You hereby unconditionally and irrevocably waive (or procure the same from any third party where applicable) any and all moral rights and any other similar rights in connection with our usage of UGC. You agree that the personal data that we collect from UGC will be treated in accordance with our Privacy Policy and the terms of this policy.
You shall indemnify and hold us harmless and any person acting our behalf from any and all claims, demands, costs, liabilities, damages and expenses (including reasonable legal fees) which we may incur in connection with the use of UGC.
We reserve the right to amend this policy at any time, so please check back here when you tag or upload UGC. To remove UGC please contact our Customer Service.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PHOTOGRAPHY
Some items may appear slightly larger or smaller than the actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than the actual size in order to show the entire item.
Every effort has been made to illustrate colours accurately but this is not always possible with digital reproduction on different web browsing platforms. Hence, there can be no guarantee that the true colour of the jewellery will be exactly as shown.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ONLINE ORDERS
Once you are ready to make a purchase, click on "Add to Shopping Bag" to add the Product(s) you wish to purchase to your Shopping Bag. Then proceed by clicking "Proceed to Purchase" to log into our secure servers to complete your Order.
If this is your first purchase on our Site, you will have the option to register and create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and not disclose it to any third party. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to, however you can use a different delivery address if you so wish. If you have already registered with us you may enter your sign-in details to access your account.
Once signed in or registered, as the case may be, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your delivery address and input your payment details.
Once you have finished compiling your Order, you will be asked to confirm that your order is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us. It is your responsibility to ensure that your order is correct before submitting it to us.
We will then send you a confirmation email (including your name, the order number, and the total price.) to acknowledge that we have received your Order ("Confirmation"). This is sent to the email address you register with us. After sending you the Confirmation we will process the payment details you have given to us to take payment for your Order.
If and when we are able to do so, we will send you a second email confirming the dispatch of the Product(s) to the delivery address you have requested and giving you estimated timescales for delivery.
Our acceptance of your Order will be complete only when we send a second email to you confirming your Order and dispatch of the Product(s) and after payment is taken from your credit or debit card. Our acceptance of your Order will be considered for all purposes to have been effectively communicated to you at the time Gemsa sends an order despatched an email and it is at this point that a legally binding contract is formed between you and Gemsa for the purchase of Products ("Contract"). Payment in whole, by credit card or debit card, is required before dispatch of goods.
Once payment has been received by us, we will confirm that your order has been accepted by sending a confirmation email to you at the email address you provide in your online order form. Goods supplied by Gemsa to customers remain the property of the company until paid for in full by the customer.
If we are unable to fulfil your order, you will receive an email from us informing you that the Order has not been accepted and we will refund the payment for your order to you.
Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.
SALE
During sale events, Gemsa has the right to set the price of their goods at a marked-down price. A reduction in the price of an item after your purchase does not entitle you to a refund.
Promotional codes are not redeemable on marked-down items and can only be applied to full-price items on the site.
Please also note that if a promotional or sale discount was applied to your order, then the same discount will be applied if you require a return or exchange (please see above for details of our returns and exchange policy). This means that you will only be refunded the amount that you originally paid for your order.
CANCELLATION
Once an order has been placed we are unable to make any changes or cancel your orders. Please refer to our returns policy for details on returning your order. Gemsa Jewellery reserves the right to cancel an order if any terms or conditions have been broken this includes giveaways and discount promotions.
We reserve the right to cancel the contract between you and us if:
We have insufficient stock to deliver the goods you have ordered, or one or more of the items you ordered was listed at an incorrect price due to a typographical error.
If we do cancel your contract we will notify you by e-mail and will recredit your account any sum deducted by us from your credit card as soon as possible, but in any event within five working days of your order. We will not be obliged to offer any additional compensation for the disappointment suffered.
RETURN
You can return your order once you have received it, please find further details in our Return Section page.
REFUND
Please find further details in our Return/Refund Section page.
PRICES
When you submit your order, you are offering to buy the Product(s) at the price set out in the Order. Where you are ordering for delivery to the UK, all prices are inclusive of VAT in the UK. Delivery charges (where applicable) for delivery to the UK will be shown when you view the Product(s) in your Shopping Bag.
The total amount payable by you will be displayed before you confirm your order and will be set out in the confirmatory email you receive from us.
Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your order, we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming your Order.
It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
Orders are subject to acceptance by the company and the availability of the goods and will be invoiced at prices set out in our website at the time of purchase.
If Gemsa Jewellery Limited has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Gemsa Jewellery Limited from your (credit) card will be re-credited to your account and Gemsa Jewellery Limited will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Gemsa Jewellery Limited will not be obliged to offer any additional compensation for disappointment suffered.
All of our prices are listed in Pounds Sterling and you will be invoiced in Pounds Sterling. If you are purchasing goods from outside the UK, currency fluctuations and credit card charges may affect the amount billed on your credit card.
ONLINE PAYMENT
All credit /debit card and Apple Pay payments on gemsa.co.uk are processed via Shopify Payments. Amazon Pay is processed via their own Shopify integrations. Gemsa assumes no liability whatsoever for the availability and functionality of this service. Shopify Payments complies with the
Electronic Commerce Directive. We accept payments using Visa, Visa Debit, Maestro, MasterCard, Amex, Apple Pay, and Amazon Pay.
All payments must be made at the time of Confirmation. Payment for all orders must be by credit or debit card. We accept payment credit or debit card payments via Visa, MasterCard, American Express, and Maestro. If we are unable to accept or fulfill your order for any reason, then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.
For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses t, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.
KLARNA PAYMENT
In co-operation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay Later in 3 Instalments
Further information and Klarna's user terms and conditions can be found on our Klarna page.
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
DELIVERY
We aim to deliver Product(s) to the delivery address you have requested in your Order within the time set out in our second confirmatory email but we cannot give an exact or guaranteed delivery date. Ownership of the Product(s) will pass to you on delivery.
DAMAGED OR DEFECTIVE PRODUCT(S)
Except for consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s). You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your order reference number to hand.
If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). We will either refund the cost of the return of the Product(s) to us by you or send you a prepaid parcel which you can use to return the Product(s).
E-GIFT CARDS
You may purchase Gemsa e-Gift Cards (digital gift cards) that are redeemable as a form of payment against orders only on gemsa.co.uk (United Kingdom).
The following terms will apply:
e-Gift Card may only be redeemed against products purchased in the same currency as the-Gift Card at gemsa.co.uk and is not valid at any third party Gemsa stockists. The United Kingdom store accepts the following currency: GBP£.
e-Gift Card has a minimum activation amount of £10 and a maximum amount of £150. e-Gift Card can be purchased for a pre-set balance and is not customisable.
e-Gift Card can be used more than once, provided there if still a balance is remaining on the card. Once the balance is spent, the e-Gift Card cannot be reloaded. Balances will be shown in United Kingdom Sterling (GBP£).
Only one e-Gift Card can be used towards a purchase during Checkout.
e-Gift Card cannot be used to buy another e-Gift Card and cannot be exchanged for cash.
Promotional codes cannot be applied to the purchase of the e-Gift Card.
e-Gift Card balance can be applied to the final order total in Checkout, which includes shipping and taxes.
Purchase of the e-Gift Card does not incur tax as the e-Gift Card is considered a form of payment.
When paying for an order using an e-Gift Card, tax is charged for the order.
e-Gift Card balance cannot be applied retrospectively to previous orders.
e-Gift Card may be used in conjunction with a credit or debit card to complete payment on an order, where the order value is higher than the balance of the e-Gift Card.
The balance will be refunded back to an e-Gift Card on any order that was purchased using the e-Gift Card only (not in conjunction with any other payment methods), and is subsequently returned.
If an order was placed using an e-Gift Card in conjunction with a credit card, and subsequently returned, the total refunded amount will be added back to the e-Gift Card balance, with the remaining amount refunded back to the credit card. Please note we are only able to accept returns on items – including earrings- if they are sent back unworn and in their original packaging.
e-Gift Card ordered through our Website will be delivered automatically by electronic means to the email address specified at the time of order.
e-Gift Card is valid for a period of 12 months from the date of purchase, after which any remaining balance will be cancelled and the card will become invalid and no longer available for use.
Gemsa is not responsible if an e-Gift Card is lost, stolen, destroyed, or used without permission, and no replacement will be provided in these circumstances. An e-Gift Card should be treated as cash.
When ordering an e-Gift Card, the recipient’s email address must be entered correctly by the customer. Gemsa cannot be held responsible if the email address is entered incorrectly and someone other than the intended recipient uses the e-Gift Card.
When you order an e-Gift card online, you have the right to cancel your order at any time up to 14 calendar days after the day on which the order is placed, provided that none of the balance on the e-Gift Card has been spent. Please contact our Customer Service team if you wish to cancel your order.
Gemsa reserves the right to amend these terms and conditions at any time, including the cancellation of the card if, at Gemsa’s discretion, it reasonably deems such action to be necessary.
These terms and conditions shall be governed by and construed in accordance with English law and exclusive jurisdiction of the English courts in the event of a dispute.
PROMOTIONAL CODES
From time to time, Gemsa will offer promotional codes at points of sale (either directly or via third parties). Gemsa has the right to further reduce its products and is unable to refund the difference to customers.
Please note that the below terms apply:
This offer can only be redeemed against any order on gemsa.co.uk.
Only one code can be used per Order
Codes can only be applied to full-price items on the site. (Codes cannot be applied to sale items)
Codes are non-transferrable and no cash alternative is available
Orders must be made prior to 23:59 GMT on the closing or expiry date of the Code (if one is specified)
All offers and promotions are dependent on stock availability
Offer codes and promotions may be amended or removed at any time
This offer cannot be combined with any other discounts.
Discount codes cannot be used on, Gift Cards, Gift Wrapping, or items in the Outlet, unless stated otherwise.
This offer cannot be applied retrospectively to previous orders.
This promotion is only available at gemsa.co.uk and is not valid in any Gemsa stockists.
Gemsa reserves the right to cancel this offer at any time, refuse to allow any individual to participate in the offer, and amend these terms and conditions.
The offer does not include delivery charges or gift wrap.
These terms and conditions shall be governed by and construed in accordance with English law and exclusive jurisdiction of the English courts in the event of a dispute.
WELCOME CODES
By signing up to our newsletter, you'll receive 10% off your first order plus updates and early access to new collections and promotions.
Please note the below terms apply:
A unique welcome code will be sent directly to your inbox after signing up on gemsa.co.uk.
The code can be redeemed against any order on gemsa.co.uk at checkout.
The code cannot be combined with any other discounts.
The code can only be used on your first order on gemsa.co.uk
The code can only be applied on full-price items on the site.
The code is only valid on gemsa.co.uk and is not valid in any Gemsa stockists.
Gemsa reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers.)
Refunds will take into account the discount.
The offer does not include delivery charges or gift wrap.
These terms and conditions shall be governed by and construed in accordance with English law and exclusive jurisdiction of the English courts in the event of a dispute.
OVERSEAS RETURNS
Please note that international customs duties and sales taxes are NOT refunded for shipments returned from outside the UK.
HOW CAN I RETURN MY ORDER?
Please see our Returns page for more details.
WHAT CAN I RETURN?
Please see our Returns page for more details.
ONLINE CONTENT
Gemsa assumes no liability whatsoever for the topicality, correctness, completeness or quality of the information provided. All content is subject to change without notice. Gemsa expressly reserves the right to modify, supplement or delete parts or the entire content of this site, without prior advance notice, or to suspend or terminate the site.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
GEMSA JEWELLERY SOCIAL MEDIA COMPETITION TERMS AND CONDITIONS
ENTRY
“The Social Media competition” begins at the time of posting and ends at the specified date on the competition post. After this date, no further entries will be permitted.
PRIZES
During the competition period, users are automatically entered into the competition when they complete the required steps as outlined in the competition post.
Winner(s) will be selected from entries at random by Gemsa Jewellery Limited to win the stated prize on the competition post.
Entries are only accepted via completing the process outlined within the post copy on the competition post.
GENERAL
The competitions are open to anyone aged 18 years or over with a postal address within a region Gemsa Jewellery currently ships to. It excludes employees of Gemsa jewellery Limited., their partners, families, agents, or anyone else professionally associated with the draw.
The competitions are subject to availability. Entries on behalf of another person will not be accepted. Any incomplete, illegible, or defaced entries will be deemed void. All entries received after the competition period will not be entered into the Prize Draw.
Any entries that the Promoter considers (in our absolute discretion) to be dangerous, vulgar, offensive, indecent, illegal racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.
No third party or bulk entries. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, multiple email accounts, multiple reproduced or computer-generated entries, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any prize entitlement will be void.
Incomplete, illegible, misdirected, or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
The winner(s) will be chosen by Gemsa Jewellery Limited from all successful entries received and verified by Gemsa Jewellery Limited and/or its agents.
The winner(s) will be notified by Gemsa Jewellery Limited by Instagram direct message within one (1) week of the Prize Draw date with instructions on how to redeem.
All Prizes are non-transferable, non-refundable, cannot be exchanged, and cannot be redeemed for a cash equivalent.
In the event that the winner does not redeem their prize in accordance with instructions from Gemsa Jewellery Limited and/or Gemsa Jewellery Limited are unable to contact the winner due, Gemsa Jewellery Limited reserves the right to select another winner to receive the Prize.
Gemsa Jewellery reserves the right to verify winners and ask for proof of identity, ag,e and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a
breach of these terms and conditions.
Gemsa Jewellery Limited accepts no responsibility for entries not successfully completed due to a technical fault of any kind or if for any reason a technical interruption, fault or site failure occurs when completing entry online, Gemsa Jewellery Limited does not take any responsibility for incomplete entries. Incomplete entries will not be considered valid for entry into the Prize Draw.
Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. Gemsa Jewellery Limited reserve the right to refuse entry, or refuse to award the Prize to anyone in breach of these terms and conditions. The decision of Gemsa Jewellery Limited regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.
Events may occur that render the Prize Draw itself or the awarding of the Prize impossible due to reasons beyond the control of Gemsa Jewellery Limited and accordingly they may at their absolute discretion vary, amend or cancel the promotion and the entrant agrees that no liability shall attach to Gemsa Jewellery Limited as a result thereof. Gemsa Jewellery Limited reserves the right to substitute the Prize for another Prize of equal value in the event that circumstances beyond its control make this unavoidable.
It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. Gemsa Jewellery cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
As a condition of accepting the Prize Draw, winners may be required to participate in publicity related to the Prize Draw which may include the publication of their name and photograph in any media.
Insofar as is permitted by law, Gemsa Jewellery Limited, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Gemsa Jewellery Limited, its agents or distributors or that of their employees.
If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Gemsa Jewellery which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), Gemsa Jewellery reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.
The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.
Any information entrants provide will be used by Gemsa Jewellery Limited. for the purpose of conducting this Prize Draw.
Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.
Any dispute arising from, or related to, these Terms and Conditions shall be subject to the laws of England and Wales, and the exclusive jurisdiction of the courts of England.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GEMSA .CO.UK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless GEMSA .CO.UK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIABILITY
If you do not receive goods ordered by you within seven working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone of the problem within 14 days of the date on which you ordered the goods.
If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within seven working days of the delivery of the goods in question. If you notify us of a problem under this condition, our obligation to you will be either:
To make good any shortage or non-delivery; or
To replace any goods that are damaged or defective; or
To refund to you the amount paid for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated above.
We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any personal injury resulting from our negligence.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Gemsa Jewellery Limited is not responsible for any harm, injury or death caused to yourself or any third parties when using products of Gemsa Jewellery Limited.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
These terms and conditions only cover the Gemsa Jewellery Limited website. Any other websites which are linked to from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites, which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY
Gemsa Jewellery Limited is the operator of wwwgemsa.co.uk.
All materials on this Site, and the Site itself, are protected by copyrights, designs, trademarks and/or all other intellectual property rights and materials. These materials are owned by Gemsa. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this site, as well as the software used in the design and development of this site. All rights are reserved, worldwide.
You are expressly prohibited from:
Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the products and their descriptions and other material made available on the website; and
Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Gemsa, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Gemsa or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Gemsa.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of those changes.
COMPLAINTS
If you find that you are not satisfied with any product or service, please Contact Us. You will receive a response within 7 working days. We will endeavour to resolve any complaint within a further 14 working days.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@gemsa.co.uk