These terms and conditions apply to the GemsNY website located at www.gemsny.com, and all associated websites linked to www.gemsny.com by Gems NY Corp., its subsidiaries and affiliates, including GemsNY's sites around the world (collectively "the Site"). 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.
The Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and GemsNY. GemsNY 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 changes or modifications made 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 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 Pricing and Availability
If there is a product listed on our site which is currently "On Hold," the item may be (a) on hold for a customer who is arranging payment for purchase; (b) sent out to a customer for comparison shopping; or (c) sent out to a jewelry store or a dealer on short term consignment. As it is not yet sold, we continue to list it on the site so please contact us to express your interest and we will ensure you are the next in line if and when the item becomes available.
Sometimes, due to volume of the orders we receive, an item listed as "Available" may be "On Hold" or otherwise out of stock before we are able to post the changes to our site. If this scenario occurs, we will notify you personally so that we may help you find another item or let you know if and when that item will be back in stock.
It may be the case that data, including prices, on our website may be inaccurate due to a system or typographical error. While we make every effort to prevent such errors from occurring they may occur. We reserve the right to correct any and all errors at any point we become aware 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. In the event that we have already shipped your order, 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 this may cause.
We only collect sales tax on orders shipped to addresses within New York State.
All shipments are fully insured from the time your package leaves our premises to the moment you accept it. For security purposes, regardless of the size of your order, all packages require a signature, regardless of any signature waivers you have signed.
To protect you from fraud, if you request delivery to an address other than your billing address we require that alternate address be on file with your credit card company.
We provide free shipping options on most orders, however if a shipped item is returned to us due to your error (typographical or otherwise) or failure to accept the package (whether you have refused acceptance or not been present to accept), you will be charged a $40 fee to cover the complete shipping and insurance associated with that failed shipment. If the shipping address has to be changed after shipping, but while still en route, you will be charged a $25 fee to cover the incremental cost to us.
Certificates and Appraisals
Gemstones and jewelry are shipped to you with the accompanying appraisal(s) and/or certificate(s), as the case may be. These are detailed documents created by expert gemologists from third-party or our own laboratories. These reports are generally lengthy and detailed and quite expensive to replace. As such, we require that any returned items include their original certificates and/or appraisals. If any original certificates and/or appraisals are not included with your return, you will be assessed a replacement fee on your refund per document.
To secure your investment, we laser inscribe all our gems (except diamonds) priced at $5,000 or more. If your gem is priced at less than $5,000, we can laser inscribe upon request for a $35 fee. Please note, all sales with personalized laser inscriptions are final, voiding our 30-Day Return Policy.
We understand that deciding between different gemstones can be difficult over the internet. That is why we allow you to order three (3) gemstones at a time to compare - only loose sapphires, rubies, emeralds, alexandrites, and tsavorites are allowed for comparison shopping (no diamonds). We will charge you 50% of our total price as a deposit. Once you return any or all gemstones you don't want, we will either refund or charge the difference between what you kept and your deposit, as the case may be. Please note, the return policy for comparison shopping orders is two (2) week from the date of shipment. If items are not returned to us within the two (2) weeks, you will be charged a 10% restocking fee. Items not received within 30 days will not be returnable. Alternatively, customers can make an appointment to visit us at our headquarters to view our available inventory without limit and with the assistance of one of our gemologists. To schedule an appointment please contact us.
Most items are covered by our 30-Day Return Policy. If, for any reason, you are not satisfied with your purchase, simply return it back to us within 30 days from the date of the shipment for a full refund or exchange. Our 30-Day Return Policy does not cover all items and is subject to its own terms and conditions that are incorporated herein by reference. If our 30-Day Return Policy conflicts with any policy herein, our 30-Day Return Policy holds, taking precedent over these Terms and Conditions. As such, you should review our 30-Day Returns Policy for the full policy and associated terms and conditions.
GemsNY offers one free ring sizing within 90 days of your purchase. Simply ship the item to us and pay for return shipping. Resizing generally takes 5-7 business days. Please note that this policy is subject to the ring being resizable. In addition, there may be additional charge for resizing a ring by more than one (1) full size as this may require remaking the ring.
Information on the Site
We make every effort to ensure that Site information is as accurate and complete as possible. To provide greater detail of our products, we sometimes make our products appear smaller or larger than the actual size in our photographs. Also, since every computer monitor is set differently, size and color may vary slightly.
We try to provide as much information as possible regarding your prospective purchase so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, GemsNY states that carat total weight in all purchases may vary up to 0.05 carats from stated weight. For gemstone and diamond measurements, a tolerance of 0.25mm is allowed.
On our Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.30mm is allowed. Cast manufactured rings can vary slightly more.
The measurements that we provide of our products are taken by us to the best of our ability. GemsNY is in no way to be held responsible for errors that were caused in measuring the weight or dimensions or any other form of measurement.
Also, for items containing multiple diamonds, we list the average grade and measurement for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that particular piece of merchandise, and determining the closest average.
GemsNY provides you a limited, personal, 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. This license is subject to these Terms and Conditions and does not include: (1) the collection and use of any pictures, product listing or descriptions for commercial purposes; (2) any commercial or resale use of our Site or the Site Materials therein; (3) the public performance, distribution or public display of any Site Materials, (4) use of any automated means to access, examine or interact with any portion of our Site, including through data mining, extraction methods, robots, spiders, scraping, or similar data gathering; (5) changing or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (6) 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; (7) use our web sites in any manner which interferes with the regular function of our sites; (8) made to appear any pop-under, pop-up, exit windows, expanding buttons, advertisement, banners, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; or (9) any use of our Site materials or the Site other than for its proposed purpose. Utilization of our Site or the Site Materials other than as expressly approved herein, without the prior written consent of GemsNY, is strictly forbidden and will terminate the license provided herein. Such unauthorized use may also infringe applicable laws, including without limitation trademarks and copyright laws and applicable communications regulations and statutes. Unless clearly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by implication, estoppels, or otherwise. This license is revocable at any time.
GemsNY, the GemsNY logos, and any other product or service slogan or name contained in our Site are trademarks of GemsNY and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GemsNY or the applicable trademark holder. You are not allowed to use any meta tags or any other "hidden text" utilizing "GemsNY" or any other name, trademark or product or service name of GemsNY without our prior written permission. All other product names, trademarks, registered trademarks and GemsNY names or logos mentioned in our Site are the property of their respective owners.
The Site and all content and other materials, including, without limitation, the GemsNY logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, sound files, software, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of GemsNY or its licensors or users and are protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
GemsNY may provide links to content of third parties ('Third-Party Content') as a service to those interested in this information. GemsNY does not have any control and doesn't monitor any Third-Party Content. GemsNY doesn't endorse any Third-Party Content and can make no guarantee as to its accuracy or completeness. GemsNY does not warrant or represent 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.
User Content and Product Reviews
Our Site does or may include in the future user generated content, discussion forums, or other areas or services in which you or third parties create, post, or store any content, materials, messages or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, transmit, upload to, distribute, store, create or otherwise publish through our Site any of the following:
If you post User Content to our Site, unless we indicate otherwise, you grant GemsNY and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to modify, adapt, use, reproduce, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant GemsNY 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 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 acknowledge and are in agreement with that any materials, including but not limited to questions, suggestions, ideas, comments, plans, notes, drawings, original or creative materials or other information, regarding this site, GemsNY, or our services or products that are provided by you to GemsNY are non-confidential and shall become the sole property of GemsNY. GemsNY will have and 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, personal or otherwise, without acknowledgment or compensation to you. You grant GemsNY and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) the content is accurate and not misleading; (b) 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; and (c) use and posting of the content you supply will not violate any rights of or cause damage to any individual, person or entity.
You agree to defend, hold harmless and indemnify GemsNY, its independent contractors, consultants and service providers, and their respective directors, employees and agents, from and against any damage costs, claims, 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 GemsNY and/or its independent contractors, employees, service providers, 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.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEMSNY, 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. GEMSNY 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. GEMSNY DOES NOT WARRANT OR REPRESENT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR ERROR-FREE. GEMSNY 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 GEMSNY, ITS MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, 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 GEMSNY, OR THAT RESULT FROM OMISSIONS, MISTAKES, INTERRUPTIONS, EMAIL OR DELETION OF FILES, 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 GEMSNY'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 State of New York, applicable to agreements made and to be entirely performed within the State of New York, 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 New York City, New York (New York, NY) 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 understand and give consent that GemsNY 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, GemsNY 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.
Contact Information and Questions
If you have any questions, please don't hesitate to contact us at 1-888-436-7692 or email@example.com.