Terms Of Use

The following terms and conditions and any other rules, agreements or other terms posted on our site (defined below), including, but not limited to, the consignment agreement, return policy and privacy policy (collectively, the “Agreements”) are an agreement between GemTrada (“GemTrada”, “we”, “our”, “us”) and you, the visitor, who access and use all content and functionalities available on the GemTrada website, microsites accessible through the URL www.gemtrada.com, related domain names and any other GemTrada website or microsite (collectively, the “Site”), as well as your listing, submission to, or purchase from GemTrada.

By accessing the site, you accept and agree to the practices described in these terms and conditions and the agreements. We may change the agreements from time to time and your continued use of this site following such change means that you agree to be bound by the modified agreements.

Those who wish to use our services must read and agree to the agreements. In particular, we draw your attention to our policy regarding the purchase conditions and our privacy policy. If you are under the age of 18, you must inform your parent or guardian of GemTrada’s privacy policy before registering to use this site or any of this site’s services.

GemTrada will attempt to notify you of any changes to the Agreements by posting an indication in the bottom toolbar of the Site. However, it is your responsibility to check the Agreements periodically for changes. If you do not agree to any change to the agreements, you must immediately stop using the site. GemTrada will not be liable to you for any reason if you do not read the Agreements before using the Site.

REGISTRATION

In order to use some of the services or features made available to you on this site, you must register. When you register, you must provide information about yourself that is true, accurate, current and complete in all respects. Should your registration information change, you must notify us immediately at the following email address support@gemtrada.com. GemTrada is not responsible for errors in shipping, returns, email or postal or otherwise, should you fail to notify us of any changes to your registration information. GemTrada reserves the right to change the required registration information from time to time and may request such additional information after your initial registration. You are required to provide such additional information in order to have continued access to the site.

The account password you provide must be unique and kept secure, and you must immediately notify GemTrada of any breach of security or unauthorized use of your account.

For information on how we use your data, please see our privacy policy.

BUYABILITY

The purchase of merchandise through GemTrada is strictly limited to parties who can lawfully enter into contracts on the Internet and form in accordance with EU laws.

To make purchases on the site, you must provide your personal information. In particular, you must provide your real name, phone number, email address and other requested information as indicated. In addition, you must provide payment information that you represent and warrant is both valid and correct, and you confirm that you are the person referred to in the billing information you provide.

The Site is only available to individuals and others who meet all of GemTrada’s terms and conditions and other requirements in the Agreements, who have obtained a valid credit / debit card from a bank acceptable to GemTrada, and who have authorized GemTrada to make a Or charge more on their credit / debit card equal to the total purchase price for the goods they purchase. GemTrada reserves the right to limit multiple quantities of an item shipped to a single customer or postal address.

By making an offer to purchase merchandise, you expressly authorize us to conduct credit checks and, where GemTrada deems necessary, to send or obtain your credit card information or credit report information (including any updated information) to or from third parties. to verify your identity, to validate your credit / debit card, to obtain an initial credit card authorization and / or to authorize individual purchase transactions.

In addition, you agree that we may use personal information provided by you to conduct appropriate anti-fraud checks. Personal information you provide may be disclosed to a credit reference or fraud prevention agency, which can maintain that information.

For more information on how we use your data, please see our privacy policy.

SELLER POLICY

If you are interested in listing a gems or any other advertisement, please visit our submission site at https://gemtrada.com/vendor-register and fill in the required information. You (the “Seller”) represent that your item (an “Advertisement”) is your property and that all items are free from any liens, encumbrances or other interests, claims or disputes of third parties, whether pending or threatened and you have full authority to sell the items. You acknowledge that any submission by you is not considered an agreement by GemTrada to list your item and GemTrada may, in its sole discretion, reject any submission for any reason. You assign to GemTrada the right, without limitation, to display the Listed Items for sale, in any manner and at GemTrada’s sole discretion, and to sell the Items on behalf of the Seller and enter into a contract to sell the Items . You agree to pay any applicable fees, exchange charges or taxes. GemTrada is not liable for damage during shipment to or from GemTrada or buyer, but GemTrada will do its best to file a claim against the carrier for damage caused while the item is in transit. You acknowledge that your item may not be sold and we make no guarantee that your item will be sold.

By posting an ad on GemTrada, sellers agree that no refunds will be given once an ad is posted.

MARKETPLACE

Marketplace GemTrada will contact you about your submission within 3 days of submission. You acknowledge that any submission by you is not considered an agreement by GemTrada to list your item and GemTrada may, in its sole discretion, reject any submission for any reason. Advertisements will be published on the site within 3 days of acceptance by GemTrada and payment of the initial “Advertising Fee” of (% 10  of product sold). You agree to update or remove your listing from the Marketplace as a result of a change in the status of your listing, including items that are no longer available for sale. You agree to ship your item upon purchase and no later than 3 business days after sale (receipt of payment) of the item. We require all sellers to accept and comply with our 5-day return policy.

By uploading content to the GemTrada site, you grant GemTrada a limited irrevocable license to use and republish the content you provide anytime, anywhere without any compensation.

A. INSURANCE & WARRANTY

GemTrada may have general business insurance that covers Item (s) for certain damage (s) covered by such insurance policy during the period when the Item (s) are under GemTrada’s control or while shipping by GemTrada to a buyer. Seller acknowledges and agrees that, given the nature of the jewelry, books, equipment and other trade, there is some degree of normal wear and tear that occurs with buyer’s handling and cannot be insured against. The seller agrees that GemTrada is not liable for wear and tear and damage. Once the item (s) is / are purchased, ownership passes to the buyer. In the event that the item (s) is returned and found to be damaged (with the exception of normal wear and tear from handling and testing of the item (s)) upon return of the item (s) to the seller by a buyer, GemTrada will try to resolve the damage with the buyer. If the damage is irreversible, the return request will not be honored and as such GemTrada will make every effort to recover the Commission (as defined herein) from that purchaser. In the rare event that the Item (s) are damaged while under GemTrada’s control, GemTrada will make a claim under its respective insurance policy, if any, and only upon receipt by GemTrada of the paid claim, if applicable . GemTrada will pay the Seller an amount equal to the Commission that the Seller would have received if the Item had been sold under these terms. Under no circumstances will GemTrada be liable to the Seller for an amount greater than the Commission that the Seller would have received if the Item (s) had been sold in accordance with these terms. Seller acknowledges and agrees to occasionally permit GemTrada to use items listed or shipped that are owned by GemTrada for promotional purposes, including photography or editorial shoots. GemTrada assumes full responsibility for any damage to items used for these purposes and will use reasonable efforts to contact Seller in advance regarding such events.

B. COMMISSION

In the event that a Listed Item (s) is sold, the Seller will receive 90% of the Net Sale Price for the Listed Item (s) being sold and GemTrada will receive 10% of the Net Sale Price for such / the Item Sold ( s). (the “Commission”.) As used herein, net sale price means the gross sale price at which the specified item was sold. GemTrada reserves the right to only accept items with a sale price of more than € 15.

C. RIGHT TO DELETE

Seller has the right to delete their Listed Item (s) by logging into the Seller List Dashboard and removing the listing, or responding as such to an automated email from GemTrada. GemTrada reserves the right to remove an Ad in its sole discretion if a seller does not respond to the automatic email notifications within the specified time period.

 

D. PAYMENTS TO SELLERS

All payments due to the seller for the sale of an item in accordance with these terms and conditions will be made via PayPal or bank account, within fourteen (14) business days of the end of the return period. As used herein, the return period means five (5) calendar days from receipt of the item by a buyer. Any exchange charges that may be imposed are the responsibility of the international seller.

 

BUYER POLICY

You acknowledge that all items offered for sale on the Site (the “Item (s)”) by GemTrada in the Collection or through the Marketplace service are new, pre-owned, used and / or sample items. GemTrada does not describe or photograph items added by a seller through the listing service and is not responsible for the content of seller listings. GemTrada strives to authenticate all items in the marketplace, but does not guarantee the authenticity of such items, nor is GemTrada an authorized dealer of such items.

A. ORDERS

All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and can be purchased by other customers.

GemTrada offers products for sale that are in stock and available for shipping from the company’s headquarters, as well as products for sale that are in the possession of the seller. Sometimes we wait for shipments from one of our senders or sellers. As a result, from time to time you may be given the opportunity to pre-purchase certain items. This ensures that you will receive this item with priority once it has been delivered and authenticated by GemTrada. Your rights regarding prior purchases are the same as those for any other purchase from GemTrada.

Please note that we may not be able to deliver certain pre-purchase items due to delivery and / or quality control issues identified when we receive an order in stock. GemTrada makes no representations or warranties that an Advanced Purchase Item will be available to you, and you agree that you assume the entire risk and responsibility that an Advanced Purchase Item may not be delivered to you. In these circumstances, we will notify you by email and refund the prepaid amount to your credit / debit card within thirty days of being notified that the goods are no longer available. You agree that GemTrada is not liable for non-delivery of any prepaid item, except as described herein.

GemTrada will keep your transactions for a minimum of one year, provided all credit / debit card information is kept for only sixty days.

B. PRICE POLICY

The prices on the site are in European currency. If you ship within the EU, there are no import duties on orders shipped within the EU. If you are a customer whose credit / debit card is not denominated in European currency, the final price will be calculated in accordance with the applicable exchange rate provided by an established third-party financial institution on the day your card issuer processes the transaction.

All rates, fees, exchange rates and taxes that may be charged are the responsibility of the buyer.

C. ACCEPTANCE OF YOUR ORDER

Your order will not be placed until you have completed the checkout process through the site. Once you have completed the checkout process, you will receive an email with the details of your order. This email is NOT an acceptance of your order, it is just a confirmation that we have received your request.

Unless you cancel your order, acceptance of your order will only be perfected after successful authorization from GemTrada and recording of the purchase price on your debit / credit card AND completion of packaging and shipping of your order. After we ship the ordered item (s) to you, we will send a second email with your tracking number and confirmation that your order has been shipped.

We reserve the right to refuse your order for any reason, in GemTrada’s sole discretion, including but not limited to, in the event that (a) your payment is declined by our credit card authorization or a financial institution, (b ) shipping restrictions apply for a particular item, (c) the item ordered is out of stock or does not meet our quality control standards and is being withdrawn, or (d) you fail to meet any of the requirements in the Agreement.

We will not be liable to you or any third party for our decision to refuse your order, withdraw any goods from the Site, whether or not those goods have been sold, delete, screen or edit any material or content on the Site , refuse to process a transaction, or to reverse or suspend a transaction after processing has begun.

D. PAYMENT AND “TRY IT”

You can pay with Stripe, Visa, MasterCard, and Paypal. GemTrada will charge your credit card for the amount of the total sale. At the end of the return period, the amount paid will be refunded, less any charges for the completed sale or order. You confirm that the credit / debit card being used is yours or that you are directly authorized by the credit / debit card owner to use it. All credit / debit cardholders are subject to validation checks and authorization by the card issuer. If the charge is declined or declined by an authorization system or financial institution when you charge your credit / debit card, GemTrada is under no obligation to fulfill or ship your order. If for any reason you believe that your debit / credit card charge was not authorized, agree to contact GemTrada immediately to resolve the issue instead of contacting a third party. In addition, at the time of placing your order for an item, you hereby authorize GemTrada to charge your card for an amount equal to 100% of that item’s original retail value (if new) as stated on the website, (‘Retail Value’ ) plus applicable sales tax. We will not charge you more than an amount equal to 100% of the retail value of the total sale, in total, excluding any collection charges. If you pay us an amount equal to 100% of the retail value and you still own the item, you may keep the item, albeit on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause do not apply to return shipping charges, which will be billed separately from, and in addition to, any other charges payable by you as set forth in this section D.

F. INSURANCE AND DELIVERY

GemTrada insures each purchase during the time it is in transit until it is delivered to the delivery address you specify for an amount not exceeding the purchase price authorized on your debit / credit card. We require a signature for all goods delivered after which responsibility for your purchased goods passes to you. If you have specified a recipient that you are not for delivery purposes (e.g., as a gift), you accept that proof of a signature by them (or any person at that delivery address) is proof of delivery and fulfillment by GemTrada, and transfer of responsibility in the same way. GemTrada is not liable for fraudulent signatures, acceptance by a party other than yourself, or other delivery issues.

Please note that we aim to dispatch all pick-up orders within 24 hours of receiving authorization of the charge to your debit / credit card, and within two weeks for Marketplace orders. Estimated delivery times should be used as a guide only and start from the date of shipment. GemTrada is not responsible for any delays caused by destination customs clearance processes or delays caused by third party coastal / courier services.

G. OUR RETURN POLICY

All items available on GemTrada are eligible for return, unless stated otherwise. If you want to return an item, you must submit a return request to GemTrada.com within 5 calendar days of receiving your order

To submit your return request, log into your account and select the item you wish to return. If a return request is approved, seller will send shipping label via email. The return label must be printed and affixed to the original packaging. Returns shipped after the 48-hour deadline will not be processed and are considered a final, non-returnable sale. If you return the items too late, the seller can refuse the sold product. If you have not returned an item within twenty (20) days of the item’s return date, your late refund will be considered a non-return and GemTrada will not be liable for any liability. If the item is received within the specified time windows and is in the same condition as it was shipped in, the original purchase price authorization for the item (s) will be released less any shipping and return charges.

Items must be returned unused and with no signs of additional wear. Where provided, any other items or attachments shipped with the items purchased, such as necklaces or designer packaging such as authenticity cards, covers and attachments, must be included with your return. GemTrada is not obliged to accept any item that is returned damaged, contaminated or missing items or accessories.

Purchases made through promotions or sales in connection with a final sale, or items marked as a final sale, are a non-returnable purchase. These items cannot be returned. Any items that cannot be returned can be shipped.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyrights, designs, images, the site’s “look and feel”, trademarks and all other intellectual property and material rights in the content (defined below) remain at all times the property of GemTrada and / or their respective owners. All such content, including trademarks, designs and related third party intellectual property rights mentioned or displayed on this site, are protected by federal and state laws and regulations and international treaty provisions. You may use the Content only as expressly authorized by GemTrada and / or its third party licensors. Any reproduction or redistribution of the content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permitted under applicable law. Without limiting the foregoing, copying and use of the above materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT

For the purposes of these terms and conditions, ‘content’ means all information, images, data files, graphics, text, photos, drawings, logos, images, sounds, music, video or audio files, and any other content on the Site and the compilation of such content on the Site. GemTrada tries to ensure that the information on this site is accurate and complete, but GemTrada does not warrant that GemTrada’s content is accurate, error-free, or reliable, or that your use of GemTrada’s content will not infringe any rights. of third parties. Your use of the site is at your own risk. GemTrada does not warrant that the functional aspects of the Site or GemTrada’s Content will be error-free or that the Site, the Content or the server that makes it available will be free of viruses or other harmful components. If your use of the site or the GemTrada content requires maintenance or replacement of property, material, equipment or data, GemTrada is not responsible for those costs. GemTrada inspects the items for damage, wear and other defects and attempts to clearly identify such defects in the item description, but GemTrada makes no warranty or representation as to the quality, condition or marketability of the items offered for sale on the site. . Without limiting the foregoing, everything on the Site and purchased through the Site, including items purchased, is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to , the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. GemTrada strives to authenticate all items, but does not guarantee the authenticity of such items, nor is GemTrada an authorized dealer of such items.

GemTrada and its suppliers make no warranties about GemTrada content, software text, images and links, or about results that may be obtained through the use of the Site. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. GemTrada reserves the right to withdraw any content from this site temporarily or permanently at any time and for any reason. Removal can be immediate and without notice. You confirm that GemTrada will not be liable to you or any third party for any such recording.

NO COMMERCIAL USE

This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works, transfer or sell any content, software, products or services on the site. You may not use the site or its content for any commercial purpose, including, but not limited to, the generation of advertisements or advertising revenue on your own website.

YOUR ACTIVITY

You use the site at your own risk. You agree that you are personally responsible for your use of the Site and for all your communications and activities on the Site. We reserve the right to deny you access to the site or any part of the site at any time without notice. If we determine in our sole discretion that you engaged in prohibited activities, disregarded other users, or otherwise violated any of the terms of the agreements, in addition to any other rights or remedies provided to us by contract or law, we may temporarily or permanently deny access to the Site and any decision to do so is final.

You agree that you will not remove, obscure, or alter any proprietary notices (including copyright and trademark notices) affixed to or incorporated on the site. You agree not to collect or collect any personally identifiable information, including account names, from the site, or use the communication systems provided by the site for commercial recruitment purposes. You agree, for commercial purposes, not to solicit site users in relation to submissions they make.

THIRD PARTY

We may include hyperlinks on the site to other websites or resources operated by parties other than GemTrada, including advertisers. GemTrada has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of off-site pages, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertisements, products or other materials or services on or available from such websites or sources, nor for any damage, loss or insult or suspected damage caused caused by or in connection with the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL

While GemTrada will use reasonable efforts to verify the accuracy of any information it posts on the Site, it makes no warranties, express or implied, as to its accuracy. This site is provided on an “as” and “as available” basis without any representation or endorsement and we make no warranty of any kind, express or implied, with respect to the site, or any transaction that may be effected on or through the Site, including, but not limited to, any implied warranties of non-infringement, compatibility, security, accuracy, completeness or any implied warranty arising out of the course of trade or use or trade.

We make no warranty that the site will meet your requirements or be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or bugs or its full functionality , accuracy, reliability of the materials. We are not responsible or liable to you for any loss of content or material uploaded or transmitted through the site.

To the extent permitted under applicable law, we disclaim all warranties of any kind, express or implied, with respect to the products available through this site, including but not limited to implied warranties of satisfactory quality and fitness for purpose. a certain goal.

You acknowledge that we cannot guarantee and therefore will not be responsible in any way for the security or privacy of the Site and any information provided by you to or obtained from the Site. You agree that we will not be liable in contract, tort (including, but not limited to negligence), pre-contractual or other representations (other than fraudulent misrepresentation) or otherwise out of or in connection with this contract, for any economic losses ( including without limitation, loss of revenue, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential loss in any event, regardless of whether such losses were incurred by that party as a result of or in in connection with the terms of any matter under the Agreements.

INDEMNITY

Upon our request and immediately upon request, you fully agree to fully defend, indemnify and hold GemTrada, its officers, directors, agents, affiliates, licensors and suppliers harmless from and against all liabilities, claims, expenses, damages and losses, including legal costs arising from any breach of the Agreements by you or any other liability arising out of your use of the Site, or the use by other persons who access the Site with your internet account. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you below. This defense and indemnification obligation will survive the Agreements and your use of the Site.

GENERAL LEGAL PROVISIONS

(a) Full Terms: The Agreements constitute the entire legal agreement between you and GemTrada and govern your use of the Site and completely supersede any prior agreements between you and GemTrada relating to the Site. Notwithstanding the foregoing, you understand that GemTrada may make changes to the Agreements from time to time. When these changes are made, GemTrada will make a new copy of the Agreements available at https://gemtrada.com. You agree that GemTrada is under no obligation to notify you of changes to the Agreements. You understand that it is your responsibility to check the Agreements periodically for changes.

(b) Adjustments to the Services: GemTrada is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services provided by GemTrada may change from time to time without prior notice to you. You further acknowledge and agree that GemTrada may, in GemTrada’s sole discretion, discontinue (permanently or temporarily) providing the services (or features within the services) to you or users generally, without prior notice to you.

(c) Confidentiality: You understand that GemTrada permits public search engine operators to use spiders to copy material from the site for the sole purpose of creating publicly available searchable indexes of the material, but not caches or archives of such material. GemTrada reserves the right to withdraw these exceptions in general or in specific cases.

(d) Liability for Breach: You agree to comply with all provisions of the agreements. You understand that you are solely responsible for (and that GemTrada has no responsibility to you or any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage that GemTrada may suffer) of such infringement.

(e) Rights Not Waived: You agree that if GemTrada does not exercise or enforce any legal right or remedy contained in the Agreements (or which GemTrada has the benefit of under any applicable law), it will not become a formal waiver of GemTrada’s rights and that those rights or remedies will still be available to GemTrada.

(f) Severability: If a court having jurisdiction over this matter finds any provision of the Agreements to be invalid, then that provision will be removed from the applicable Agreement without affecting the rest of the Agreements. The other provisions of the Agreements remain valid and enforceable.

(g) Governing Law: The Agreements and your relationship with GemTrada under the Agreements are governed by the laws of the EU. You and GemTrada agree to submit to the exclusive jurisdiction of the EU state and federal courts and to waive any claim or defense of any troublesome forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Force Majeure: When the activities of GemTrada are materially impaired, hindered, interrupted, prevented, suspended, delayed or discontinued as a result of the occurrence of a force majeure event, including but not limited to war (declared or undeclared), act of public enemy, riot, epidemic, fire, accident, labor dispute (including, but not limited to exclusion and / or strike or threat of either), government order or regulation, court order or decision, acts of God, death or any other similar or disparate event beyond the control of such party (a “Force Majeure”), GemTrada has the right to suspend its obligations below (including any delivery obligations) for the duration of such Force Majeure and if such Force Majeure continues for seven (7) ) days or more, GemTrada has the right to terminate any agreement to sell / purchase a purchased item.

(i) Violation of terms and conditions: Report any violations of the terms and conditions by emailing support@gemtrada.com.

QUESTIONS/CONCERNS

Should you have any questions or concerns regarding these Terms and Conditions, the Site, any Items listed on the Site or any other inquiries, please contact support@gemtrada.com