Terms and Conditions
- TheTheGemBank.com (“TheGemBank”) is the web site operated by Alpha Gems UK Limited and trading platform for International Gemstones Limited (“International”), London, England and Major Trading Limited (“Major”), Geneva, Switzerland. All items sold through this web site will be invoiced from Alpha Gems UK Ltd. When “TheGemBank” is used to describe products and services offered, it also includes its partners, International and Major.
Alpha Gems Limited
39 Greville Street
London EC1N 8PJ
Registration Number 02453589
- Conflict-Free Diamonds – We are as particular about WHERE our gemstones come from as we are about their quality. Our Diamonds have been purchased from legitimate sources not involved in funding conflict, and are in compliance with relevant United Nations Resolutions.See the UN site on Conflict Diamonds: www.un.org/peace/africa/Diamond.html
- Many of our gemstones have Certificates, and for gemstones without Certificates we can arrange for this to be completed. Certificates or Gemstone Reports provide information on the identity of a stone and may, if the individual stone has suitable physical evidence, also provide information on such things as treatments and origin. Certificates are available for an extra cost which will vary from stone to stone and the information required.
- We photograph our gemstones in-house and are proud of our accurate and honest images and descriptions of our gemstones. We only resize and crop raw images and do not digitally alter the image in any other way. Since every computer monitor is set differently we do not guarantee that every photograph depicts the exact appearance and size of the gemstone. Please refer to our section on Images at TheGemBank.
- Our primary objective is to provide our customers with as much detailed information as possible about the gemstones we stock; so that you feel entirely comfortable in your purchase. If you have any questions about our gemstones or any other question please contact a member of our staff on + (0) 44 20 72423748
- Most of the gemstones on the market today have gone through recognized, time-honoured treatments. Unless otherwise stated, all of the gemstones offered by TheGemBank have received some treatment. Rubies, Sapphires and Emeralds that are certified as showing no signs of treatment are rare. TheTheGemBank offers many Rubies, Sapphires and Emeralds that are certified as not treated. Most of the remainder of our gemstones have only received the minimum treatment to enhance their beauty and durability. Please read our section on Treatments.
- At TheGemBank, we value our customers and wish to provide them with a positive buying experience that exceeds their expectations. To offer you gemstones of the highest quality, as well as best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make TheGemBank’s service available to all our customers as consistently and efficiently as possible.
- By using our website or registering with TheGemBank as a customer, you are agreeing to all of the terms and conditions as set forth and which may be modified in any way and at any time by TheGemBank.
- If you have questions about this Terms and Conditions of Use, please contact us via e-mail, telephone or UK Mail at the following addresses:TheGemBank, 39 Greville Street, London EC1N 8PJ, ENGLAND
Tel: 44 20 72423748
Account Set-Up, Payment, Shipping and other Rules
- In order to search our site for, or purchase, gemstones, you are required to open a Customer Account (“Account”). The approval by TheGemBank of your Account set-up does not grant you an extension of credit or other financial consideration or services. Your approved Account allows you to purchase gemstones through the TheGemBank web site.
- All purchases of gemstones through the TheGemBank web site require advance payment prior to shipping. Payment options include bank wire transfer, PayPal and credit card payment though RBS WorldPay. All payments made through Paypal are subject to Paypal’s Terms and Conditions of Use posted on their web site. We are also able to take credit card payment over the telephone.
- If you wish to be considered for our Verified Customer Program (“VCP”), you may request such approval by submitting three (3) verifiable and recent trade references, acceptable to TheGemBank. If approved by TheGemBank for the VCP, you will be able to have gemstones shipped for inspection and acceptance by you for a fifty per cent (50%) deposit, with the balance due within fifteen (15) days of the original invoice date. In the event that you decide to return the gemstones, you will be refunded your deposit, less any local taxes, tariffs or other country fees, shipping and insurance costs expended by us.
- We pride ourselves on our fast, efficient service. When a gemstone is listed as ‘In Inventory’, it can usually be shipped within 72 hours, once payment has been received by us. We are able to ship to most places in the world and we are very proud to offer free, fully insured shipping. We will not ship to a Post Office Box and we always require a signature for delivery.
- When you receive your purchase, you always have a twenty one (21) day period to examine each gemstone. If you are dissatisfied with your purchase in any way, you can return it for a refund, exchange or credit, less shipping and insurance costs expended by us.
- TheGemBank reserves the right to delay, pending investigation, or refuse to ship any International order that it determines may be fraudulent. Due to high risk of fraud on International shipments, TheGemBank will not currently ship to the following countries:Afghanistan
- The above list of countries is non-inclusive and is subject to change at any time, in our sole discretion. We also reserve the right to refuse shipments to countries that we may have shipped to previously, but which, due to an increase in insurance claims, fraudulent credit card transactions or that country’s revised trade restrictions or import practices, have become a problem for us to ship to.
- Depending upon which country we are shipping to, the total cost of your order, including all Duties and Taxes, may increase beyond the original cost quoted. It is the responsibility of each customer to pay all import tariffs, brokerage fees and any other costs related to delivering the product(s) to you. These costs are always passed along to you. In the event you decide you do not want the gemstones, after they’ve ordered, but prior to delivery, we urge you NOT to refuse delivery. If you refuse delivery, you agree to be responsible for all return freight. Accept all deliveries and we will advise you of the proper procedure for returns.
- For your information, we have provided some information on Rules and Guidelines for import of Gemstones to some countries. It is the responsibility of the customer to check the rules for import of Gemstones to their particular country.
- EU & UK Customers Notice – All goods imported into the EU from outside the EU are subject to Customs Duty (Import Duty or Import Tax) and Value Added Tax (VAT). All goods imported into the UK from outside the EU must be declared to HM Customs & Excise and in most cases, this includes goods bought over the Internet.Customs assess the amount of Import Duty to be paid based on the declared value of the goods, PLUS the transport costs to the country of destination. VAT (Value Added Tax) is then added. The value for VAT purposes is therefore the declared value of the goods, PLUS the transport costs to the country of destination, PLUS the Import Duty.According to TARIC (Taxation and Customs Union), “TARIC Code 7103: Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience of transport” — there are no duty, restrictions or quotas applied on importing gemstones.For more detailed information, please visit HM Customs&Excise website and review Shopping on the Internet publication.
- USA Customers Notice – When goods move from any foreign country to the United States, they are being IMPORTED. There are specific rules and regulations that govern the act of importing.Merchandise shipped through the international postal service is forwarded upon its arrival in the United States to one of Customs International Mail Branches for clearance. If the item is less than USD$2,000 in value and is not subject to a quota or is not a restricted or prohibited item, a Customs official will usually prepare the paperwork for importing it, assess the proper duty, and release it for delivery. This procedure is generally referred to as a mail entry.Packages whose declared value is under USD$200 (USD$100 if being sent as a gift to someone other than the purchaser) will generally be cleared without any additional paperwork prepared by Customs.According to the Harmonized Tariff Schedule of the United States, “Section XIV: Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewelry; coin” — there are no duty, restrictions or quotas applied on importing gemstones.For more detailed information, please visit Customs&Border Protection website and review Internet Purchases, Importing into the United States publication.
- Canada Customers Notice – To find out the duty rate of an article, contact the Automated Customs Information Service (ACIS). You can access ACIS free of charge throughout Canada by calling: 1-800-461-9999. If you are calling from outside of Canada, you can access ACIS by calling (204) 983-3500 or (506) 636-5064.According to the Canada Customs Tariff, “Section XIV: Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewelry; coin ” — there are no duty, restrictions or quotas applied on importing gemstones.For more information on importing goods by mail you can consult Importing Non-Commercial Goods by Mail, which is explains the requirements and procedures for processing non-commercial international mail that arrives in Canada, including letters and packages.For more information on importing commercial goods into Canada, you can consult the Importing, A Step-by-Step Guide, which is specifically designed for small and medium-sized enterprises (SMEs).
- Japan Customers Notice – Coping with rapid increase of small imports, there are fixed 5 average rates (20%, 15%, 10%, 5%, and 3%) in order to speed up customs clearance and to save labour. These rates are applicable to small amount cargo under Japanese Yen 100,000.In addition to customs duties, a 5% consumption tax is levied on all imported goods. Goods valued at less than 10,000 yen, except for knitwear, leather goods and some other items, are exempt from the consumption tax.According to the Japan HS (Harmonized Commodity Description and Coding System), “Tariff Code 7103: Precious stones (other than diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience of transport ” — there are no duty, restrictions or quotas applied on importing gemstones.
- TheGemBank disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all TheGemBank’s services results. TheGemBank disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. TheGemBank disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through TheGemBank web site or services.
- TheGemBank furthermore requires that its customers who provide Internet-based services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with such laws will be in violation of this policy.
- TheGemBank wishes to emphasize that in accepting its services, customers indemnify TheGemBank for the violation of any law or TheGemBank policy that results in loss to TheGemBank or the bringing of any claim against TheGemBank. This means that if TheGemBank is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against TheGemBank, plus costs and reasonable attorneys’ fees.
- THE THEGEMBANK WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE THEGEMBANK WEB SITE AND SERVICES PROVIDED ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. THEGEMBANK EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THEGEMBANK DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE THEGEMBANK WEB SITE OR SERVICES PROVIDED. THEGEMBANK DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE THEGEMBANK WEB SITE OR SERVICES PROVIDED. THEGEMBANK DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THEGEMBANK WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THEGEMBANK, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY MEMBER CONTRIBUTIONS PROVIDED ON THE THEGEMBANK WEB SITE OR OTHER MEDIA.
- YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE THEGEMBANK WEB SITE, OR SERVICES PROVIDED, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR JURISDICTION TO JURISDICTION.
Limitation of Liability
- UNDER NO CIRCUMSTANCES SHALL THEGEMBANK BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON, THE THEGEMBANK WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEGEMBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE THEGEMBANK WEB SITE, FROM INABILITY TO USE THE THEGEMBANK WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE THEGEMBANK WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY THEGEMBANK OR RECEIVED THROUGH ANY LINKS PROVIDED BY THEGEMBANK, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE THEGEMBANK WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE THEGEMBANK WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THEGEMBANK OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE THEGEMBANK WEB SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Without limiting the foregoing, under no circumstances shall TheGemBank be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in, heat, light, or air conditioning.
- All services may be used for lawful purposes only. Through the use of TheGemBank’s web site, you may have access to chat areas, bulletin boards, web pages, email, or other services (“network”) that enable you to send or post materials (“content”) and make that content available to others. You agree not to submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you agree not to submit, publish, or display any content that violates any UK or Local laws. You are solely responsible for the content you make accessible through the TheGemBank network. You also agree to not use the service to assist any other person or entity to violate any UK or Local laws, ordinances, or regulations.
- TheGemBank is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, TheGemBank has the right, but not the obligation, to edit, remove or deny access to such content. TheGemBank may disclose any content or records concerning customer’s account as required, to satisfy any law, regulation, governmental request or court order.
- You may not use the TheGemBank services, web site or network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for your use, logging into a server or account that you are not expressly authorized to access, password cracking, probing the security of other networks in search of a weakness, or violation of any other organization’s security policy.
- You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail “bombing”, or other deliberate attempts to overload or crash a host or network. TheGemBank will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Commercial Advertising/Mass Mailings
- You must not use the TheGemBank service, web site, network, equipment or any TheGemBank email address in connection with the transmission of spam, flames, mail “bombs”, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mailings from another service that in any way implicates the use of the TheGemBank service, web site, network, equipment or any TheGemBank email address.
- A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
- If you are found to have violated the Terms stated in Sections XI (A) and (B), above, TheGemBank reserves the right, without further warning, to disable, suspend and/or terminate your account.
- TheGemBank solely reserves the right to refuse or cancel service to known spammers.
- TheGemBank reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services or accounts without refund.
Intellectual Property Rights
- Material accessible to you through TheGemBank’s web site, network or services may be subject to protection under the UK or other International copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use TheGemBank services or web site in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the TheGemBank web site, services or network.
- If you use a business name in connection with the TheGemBank web site, service or similar service, you must not use that name in violation of any trademark, service mark, or similar rights of any third party.
Refusal of or Involuntary Cancellation of Service or Account
- TheGemBank reserves the right, at its sole discretion, to refuse or cancel services or suspend or terminate Accounts.
- Violation of any of TheGemBank’s Terms and Conditions of Use could result in a warning, suspension, or possible account termination.
- To authenticate an account cancellation request, you must email the notice to Richard@theTheGemBank.com or mail the cancellation notice to The Gem Bank, 39 Greville Street, London EC1N 8PJ, ENGLAND. You must include your account email address, account name and account password
- For security reasons, we cannot accept cancellation requests over the phone.
- Customer agrees that it will protect, indemnify, save and hold TheGemBank harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees, assessed against TheGemBank, its partners, affiliates, agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its partners, affiliates, agents, customers, officers, employees, administration or assigns.
- Customer further agrees to defend, indemnify and hold TheGemBank harmless against liabilities arising out of (1) any injury to person or property caused by any products sold or distributed in association with TheGemBank’s web site or services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from TheGemBank’s web site, service or network.
Changes in Terms and Conditions of Use
- TheGemBank may modify or terminate our services and product offerings from time to time, for any reason and without notice, including the right to terminate, with or without notice, without liability to you, any other customer or any third party.
- We reserve the right to modify these Terms and Conditions of Use from time to time without notice. Please review these Terms each time you visit our web site so that you will be apprised of any changes.
- If you have any additional questions, please feel free to contact us.
- Customers and prospective customers should be aware that there are inherent security risks in transmitting data, such as emails, credit card, Pay Pal or personal information via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this cautionary limitation.
- In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks.
- As stated elsewhere in these Terms, we strongly oppose the use of any available contact information by a third party for sending unsolicited advertisements (SPAM) to other customers or third parties.
- As the web site provider, TheGemBank reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar advertising materials. TheGemBank will report all violators to the appropriate legal authority.
Communication with TheGemBankAll communication with TheGemBank shall be made via the contact information provided in section I(G) of these Terms.
Intellectual Property Policy
- It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, http://lcWeb.loc.gov/copyright/) and other applicable internationally-recognized intellectual property laws, which may include removing or disabling access to material claimed to be the subject of the infringing activity.
- TheGemBank retains the right to non-exclusive use of all customer-submitted content, as we see fit, however, same content remains the intellectual property of the customer or its actual owner.
- TheGemBank disclaims any and all responsibility or liability for infringements or damages made by its customers in regards to violation of all intellectual property rights. Additionally, TheGemBank is not liable for any and all lost, damaged, deleted or stolen materials submitted by its customers.
WaiverTheGemBank’s failure to exercise or enforce any right or provision of this Terms and Conditions of Use shall not constitute a waiver of such right or provision, nor any other rights or provisions stated herein.
Choice of Law
- The Terms and Conditions of Use stated herein shall be governed by and construed in accordance with the laws of the UK, without reference to conflicts of law rules.
- You expressly consent to exclusive jurisdiction and venue in the courts located in the United Kingdom, for all matters in connection with these Terms and Conditions of Use or your use of TheGemBank’s web site, services or network.
Severability of Provisions
- Any provision (or part thereof) of these Terms and Conditions of Use which may be found invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceability, without invalidating the remainder of the provision or the remaining provisions herein.
- To the extent permitted by the applicable law, each of the parties hereto (Customer, TheGemBank) hereby waives any provision of law which prohibits or renders unenforceable any provisions herein in any respect.
THESE TERMS WERE LAST UPDATED ON December 15, 2010.