Terms & Conditions
Terms and Conditions of Use
This page (together with the documents referred to on it) tells you about the terms and conditions (henceforth the "Terms and Conditions of Use") on which you may make use of our website www.GemmaStones.com (the "Website"), whether as a guest or a registered user. Please read these Terms and Conditions of Use carefully before you start using the Website. By using the Website, you indicate that you accept these Terms and Conditions of Use and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions of Use which take effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions of Use, you should kindly cease using the Website immediately.
The Website is operated by the company GemmaStones.com - Alexandros Dimitras (henceforth"we"), a company registered in Athens, Greece with Tax Number EL050676419 of the Kifissia Tax Office/Branch.
We reserve the right to change these Terms and Conditions of Use at any time without notice to you, by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. You continued use of the Website after changes are posted, constitutes your acceptance of the amended Terms and Conditions of Use.
You are responsible for all access to the Website through your own Internet connection and for bringing these Terms and Conditions of Use to the attention of all such persons.
You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:
(a) is in breach of any law, statute, regulation or by law of any applicable jurisdiction;
(b) is fraudulent, criminal or unlawful;
(c) is inaccurate or out-of-date;
(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
(e) impersonates any other person or body or misrepresents a relationship with any person or body;
(f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
(g) may be contrary to our interests;
(h) is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally;
(i) involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You agree to comply at all times with any instructions for use of the Website which we make from time to time.
1. Effect
These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us, for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by e-mail or orally, are expressly waived and excluded.
No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
2. Ordering / Contract
When making an Order, you must register for an Account on the Website, and you must follow the instructions on the Website as to how to make your Order and for making changes to your prospective Order before you submit it to the Website.
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Website) the charges you must pay including VAT, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the Euro currency. The amount that will be displayed upon Checkout will be the total that you will pay for receipt of the ordered Product.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details, from a credit or debit card company acceptable to us or by PayPal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.
You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an e-mail, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by e-mail to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact support@gemmastones.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
3. Delivery
We aim to deliver the Product to you at the place of delivery requested by you in your Order, within the time indicated by us at the time of your Order. We always aim to deliver within 3 to 5 working days from the date of any Order which we accept, but we cannot guarantee any firm delivery dates.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
4. Cancelling of Order / Returns
You may cancel a Contract and return any delivered product to us if you are not happy with it, provided that you must have notified us in writing within 15 days of delivery that you wish to cancel the applicable contract and to return the product at your risk. The notice must be sent in writing or in any other durable medium to:
E-mail: support@gemmastones.com
Fax: +30 210 2638 344
Your notice shall be deemed to have been given on the day on which it was sent. Once you are in the possession of the goods, you are under the duty to retain them and take reasonable care of them. The product must be returned to us in its original condition and packaging. Costs of return have to be covered by you.
Once you have notified us that you wish to cancel the Contract, you will receive a credit note for the sum debited to us. You can use this credit note to place a new order on GemmaStones.com within 15 days.
5. Circumstances Beyond Control
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
6. Availability of the Website, Security and Accuracy
Whilst we endeavour to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable for any time or for any period.
Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
We do not warrant that the Website will be compatible with all hardware and software which you may use.
We may change or update the Website and anything described in it without prior notice.
Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
7. Trade Marks
The GemmaStones.com names and logos and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.
8. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9. Third-Party Websites
We have no control over and accept no responsibility for the content of any site to which we may link from the Website.
10. Law and Jurisdiction
These Terms and Conditions of Use and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Greek law. You submit to the exclusive jurisdiction of the Greek courts to settle any dispute which may arise under these Terms and Conditions of Use.