These terms and conditions apply to the Gemmy Jammy website located at www.gemmyjammy.com, including Gemmy Jammy's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully.

BY VISITING AND/OR USING THE SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Gemmyjammy.com.

 

CHANGE OF TERMS

These Terms and Conditions govern your use of, and any purchase from Gemmyjammy.com, and constitute an agreement between you and Gemmyjammy.com. Gemmyjammy.com 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 change or modification 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 from time-to-time 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.

 

SITE CONTENT

The Site and all content and other materials, including, without limitation, the Gemmy Jammy logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Gemmyjammy.com or its affiliates, licensors or users and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on Gemmyjammy.com is owned by or licensed to Gemmyjammy.com. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on Gemmyjammy.com should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on Gemmyjammy.com  without the written permission of Gemmyjammy.com or any third party that may own such trademarks or service marks.

 

USE OF THE SITE

You are granted a personal, limited, 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. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) 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; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Gemmy Jammy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

 

PRODUCT AVAILABILITY

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you're interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

 

PRICING

In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. Inadvertent errors or inaccurate advertised prices are not binding on Gemmyjammy.com, and may be adjusted by Gemmyjammy.com at any time. Gemmy Jammy reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product's listed price than the actual price, Gemmy Jammy will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Gemmy Jammy apologizes for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at contact@gemmyjammy.com.

 

PAYMENT INFORMATION

We accept PayPal and credit card payments.

After you have selected your lab-grown diamond fashion jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.

 

YOUR ACCOUNT AND ORDER

When you access or use Gemmyjammy.com or your personalized Gemmy Jammy account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Gemmyjammy.com only under the guidance and direction of a parent or guardian. Please note that Gemmyjammy.com reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

In the case where a customer files a chargeback, Gemmyjammy.com has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Gemmy Jammy's sole and absolute discretion.

 

SHIPPING

Gemmyjammy.com may choose the carriers at its discretion. Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Gemmyjammy.com reserves the right to deduct the cost for returning products to the Gemmy Jammy returns center from the customer's refund for the order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but, to the maximum extent permitted by law, shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

Please review to our shipping policy here.

 

RETURNS

Please review our return and exchange policy here.

 

DAMAGED OR INCORRECTLY SUPPLIED PRODUCTS

You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by sending an email to contact@gemmyjammy.com) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.

 

FEEDBACK AND SUBMISSIONS

You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Gemmyjammy.com, or the Gemmy Jammy products or services that are provided by you to Gemmy Jammy in any form are non-confidential and upon submission, shall become the sole property of Gemmy Jammy. Gemmy Jammy shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Gemmy Jammy and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) 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; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.

 

PRODUCT DESCRIPTIONS

Gemmyjammy.com makes all reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Gemmyjammy.com cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Gemmyjammy.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Gemmyjammy.com make every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Gemmyjammy.com reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Gemmyjammy.com reserves the right to cancel the sale and refund the transaction in full. If a product offered by Gemmyjammy.com is not as described, your sole remedy is to return it in unused condition. All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available.

 

OTHER SITES

The Site contain links to web sites that are not maintained by Gemmyjammy.com. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this Site does not imply Gemmy Jammy's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

 

SOCIAL MEDIA USER CONTENT

At times, Gemmyjammy.com may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Gemmyjammy.com may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Gemmy Jammy's business, product features, marketing, promotional, advertising and other consumer-related activities.

When you respond to a request for permission to use your social media User Content, you are granting Gemmy Jammy and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the "Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.

You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties' use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties' respective privacy policies. By using this Site, you are consenting to the Licensed Parties' collection of any personal information you provide for the Licensed Parties' use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms and Conditions, the Gemmy Jammy Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person's or entity's copyright rights, please contact Gemmy Jammy.

 

DISCLAIMER OF WARRANTIES

This site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. Gemmy Jammy makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. without limiting the foregoing, Gemmy Jammy disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchant ability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Gemmy Jammy, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.

 

LIMITATION OF LIABILITIES

In no event shall Gemmy Jammy, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Gemmyjammy.com products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through Gemmyjammy.com, or that results from the reliance by user on any information obtained from Gemmy Jammy, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of Gemmyjammy.com, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Gemmy Jammy's programs or services, even if Gemmy Jammy is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Gemmy Jammy, its directors, members, employees, affiliates or agents. in no event shall Gemmy Jammy's liability be greater than the price you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

 

INDEMNITY

You agree to defend, indemnify, and hold harmless Gemmy Jammy and its officers, directors, stockholders, affiliates, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Site (including your User Submissions) or your breach of these Terms.

 

TERMINATION

Notwithstanding any of these Conditions, Gemmy Jammy 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.

 

MODIFICATION

Gemmy Jammy reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check this page periodically for changes. You agree that each time you visit any Site, your visit to and use of such Site will be subject to and bound by the then current version of these Terms.

 

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Gemmyjammy.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Gemmyjammy.com without charge and Gemmyjammy.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Gemmyjammy.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Gemmyjammy.com in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Gemmyjammy.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Gemmyjammy.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Gemmyjammy.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Gemmyjammy.com or third parties as to the origin of any Submissions or Content. Gemmyjammy.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

 

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this site and for information on how Gemmy Jammy collects, uses and discloses personally identifiable information from its customers. Gemmy Jammy does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Gemmy Jammy's systems and customers, or to ensure the integrity and operation of Gemmy Jammy's business and systems, and as such, Gemmy Jammy may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Gemmy Jammy's right to disclose any such information shall govern over any terms of Gemmy Jammy's Privacy Policy.

 

GOVERNING LAW

These Terms Of Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.

 

*Terms and Conditions updated on Nov 21, 2024.*