Sponsors

 

Terms and Conditions

Visitor Agreement

 

 

1. Acceptance of Terms

Welcome to the Visitors Agreement for Search4Gems.com ("Agreement”). By using the Search4Gems.com ("Search4Gems.com," "we," "us," or "our") Website, Search4Gems.com, and Service, you agree to abide by the Agreement and by our Privacy Policy. These are legally binding agreements between you and Search4Gems.com If you do not agree to be bound by the Agreement you must immediately stop using the Website and Services. From time to time, we may modify the terms and conditions of the Agreement without prior notice. If we do so, we will post the amended Agreement on the Sites. It is your responsibility to review the Agreement regularly to determine whether it has been changed. If you continue to use the Service after any amendments are posted, you agree to accept the Agreement as amended. If you are under 18 years old, you may only use the Search4Gems.com Website and Services with the involvement of a parent or guardian. Effective date: 27 September 2009


2. Description of Service

Search4Gems.com allows private individuals and businesses to sell gems and jewellery directly to consumers through our auction Website “Search4Gems.com”. Search4Gems.com offers an end-to-end solution for the seller and the customer, allowing the display of gems or jewellery items for sale from sellers that must be described truthfully and without misrepresentation. (Information regarding the conditions of selling are covered generally in this document, but in greater detail in the Conditions For a Seller’s Account document)

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3. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your visit to Search4Gems.com, to understand our practices.



4. Access to Search4Gems.com

We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services. We will make best effort to limit the frequency and duration of any such suspension or restriction.

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5. Registration

To gain access to certain Services on the Website you will need to register (free of charge). If you are under 18, you may use Search4Gems.com Website only with the involvement of a parent or guardian. As part of the registration process, you will be given a User ID and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any User ID which we deem to be offensive. You agree that you must use every effort to keep your password safe and should not disclose it to any other person. You agree that you will not transfer or sell your User ID to any other person. You agree that you will not permit, either directly or indirectly, any other person to utilise your User ID or password. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy. You agree that your Search4Gems.com account is non-transferable and any rights to your Search4Gems.com contents within your account terminate upon your death.

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6. Your conduct

You acknowledge and agree not to use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way; to send, use, reuse, disseminate or copy any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety. You understand and agree that you, and not Search4Gems.com are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You acknowledge and agree not to use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

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7. Intellectual Proprietary Rights

You acknowledge and agree that the Website and Services contain proprietary and confidential technology and information owned and operated by or licensed to Search4Gems.com, and protected by applicable intellectual property and other laws and international treaties. All content and any portions of listings of this Website are the exclusive property of Search4Gems.com and are protected in accordance with English law and subject to the exclusive jurisdiction of the English Courts and international copyright, authors’ rights and database right laws. You acknowledge and agree not to extract and/or re-utilise, reproduce, duplicate, redistribute, republish, copy, sell, resell, transmit, display, download, alter any portion of it, adapt, broadcast or transmit any text, images, graphics, logos, images, audio clips, digital downloads, data compilations or otherwise exploited for any commercial purpose any content or any portions of listings, including product listings, descriptions, or prices of this Website, source code or software. You acknowledge and agree not to utilise any data mining, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this Website without the written consent of Search4Gems.com. SEARCH4GEMS.COM, and THE SEARCH4GEMS.COM LOGO and other marks indicated on our Website are trademarks or registered trademarks of Search4Gems.com in the United Kingdom, European Union and/or other jurisdictions. Without Search4Gems.com's prior permission, you agree not to display or use in any manner the Search4Gems.com Trademarks. If you believe that any content on, or advertised for sale on the Website contains a defamatory statement, deliberate misrepresentation of the item, be it by name, description or display of the item, please notify us immediately at copyright@Search4Gems.com Once this procedure has been followed, Search4Gems.com will make all reasonable endeavours to remove the defamatory or misleading content complained about within a reasonable time. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Search4Gems.com, or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

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8. Links

The Search4Gems.com Website contains links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites with the exception of www.jewelersethicsassociation.com which is supported because of its mission to promote ethics and disclosure in the gem and jewellery industry.  You acknowledge and agree that Search4Gems.com under no circumstances is responsible for the content or accuracy of materials on such third-party websites. You further acknowledge and agree that Search4Gems.com shall not be responsible or liable, directly or indirectly, for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource. You should carefully review their terms and conditions and privacy statements and other conditions of use. If you decide to access linked third-party websites you do so at your own risk.

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9. Advertising

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Search4Gems.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

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10. Selling

You, as a seller of gems, jewellery or gemmological tools, agree that none of the information provided by you about items you present for sale is false, inaccurate or misleading and that you are either the registered legal owner or a person authorized to represent the seller of the item. You further agree that there are no outstanding debts against the jewellery items and that the items are as described. You understand and agree that there will be fees demanded for some of the Services used in listing your items/products for sale, for example, a percentage of the sales final figure. Fees are discussed in detail in the fees documentation.

You, as a seller, agree that you have thoroughly read the Jewelers Ethics Association's Code of Ethics and the Federal Trade Commission Guides for the Jewelry, Precious Metals and Pewter Industries and agree to abide by them.  You also agree to charge fair and proper postage fees and not to add exorbitant shipping and handling for the purpose of increasing your profit.  It is not acceptable to charge a restock fee or return postage if the item is returned because it is not as described. All sellers must provide a physical address (no PO boxes) and paypal account information when registering, and you acknowledge that we have the right to verify all information provided by you. Search4gems.com reserves the right to deny any account registration based on negative feedback from other sites, activity we deem in violation of FTC or JEA guidelines, or merchandise that does not meet our criteria.

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11. Buying

The information contained in our listing descriptions is for information purposes only. Search4Gems.com make every effort to ensure listing descriptions are accurate, correct and objective and, that the descriptions fairly and adequately depict the type, condition and image of the items for sale. We strive to ensure the buyer is getting exactly as is described and sellers are required to accept the Conditions For a Seller’s Account before being allowed to sell any items on our Website. Failure to comply with the Jewelers Ethics Association’s Code of Ethics and Federal Trade Commission Guides as agreed in the Conditions For a Seller’s Account or if any complaints are upheld against the Seller, could result in the seller being removed from the site. However, we give no warranties, conditions, guarantees or representations, express or implied, as to the completeness, accuracy, comprehensiveness or verification of the advice and information related to the goods or Services contained on the Website or any website to which it is linked; to the condition or suitability of goods; to the content of the advertisements for gems, jewellery or tools included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such item; or to the completeness of the results of any search of our database or that the items selected by the search are the only items on our database which might meet the searcher's requirements. When using our Website or our Services you acknowledge and agree that you and not Search4Gems.com are liable for any claims or losses of any nature, arising indirectly or directly from purchasing an item solely based on the information provided in our listing description.

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12. Auction

Search4Gems.com sells gems and jewellery along with other sellers through Search4Gems.com auctions. You understand and agree that you have a legal obligation to complete a transaction with Search4Gems.com or listed Sellers if you are the winning bidder of the auction at the time the listing ends. You understand that as a winning bidder you have entered into a legally binding contract with that seller and must pay the full price shown and any shipping fees or taxes and import duties that may be payable in your country of residence. Full payment is due immediately if you have purchased from the “Buy it Now” button or within the time stipulated by the seller in his/her listing description.  Failure to pay the seller on a successful winning bid will result in a detrimental entry against your ID and could result in your ID being removed from the auction site and databases.

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13. Termination

Search4Gems.com may, without limiting our other remedies, limit your activity on the site, immediately issue a warning, suspend or terminate your account, including the removal of access to all offerings within the Service, the deletion of your password and all related information, files and content associated with or inside your account or any of your item listings and barring of further use of the Service: (a) if you breach this Visitor Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability; (d) requests by law enforcement or other government agencies, (e) a request by you (self-initiated account deletions); (f) unexpected technical or security issues or problems; (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Search4Gems.com sole discretion and that Search4Gems.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

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14. Customs

When ordering goods and Services from Search4Gems.com or any other listed seller for delivery overseas you may be subject to import duties and taxes, which are levied once the item reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Search4Gems.com your transaction will take place in the USA and as such you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International Customers and Customers dispatching products Internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

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15. Indemnity

You agree to indemnify and hold harmless that Search4Gems.com (including its officers, directors, employees, agents, subsidiaries, and affiliates) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any corruption or loss of data, goodwill, wasted expenditure or reputation, business interruption, or any special, indirect or consequential damages even if Search4Gems.com has been advised of the possibility of such damages, however arising, including negligence, liability claim or demand, including reasonable legal, expert and accounting fees, costs and expenses arising out of or relation to (a) your use or the inability to use the Website or the Service (b) any other breach of these Terms and Conditions of the Visitor Agreement by you or (c) any breach of your representations and warranties set forth above that is not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of Services by us to you was formed. Search4Gems.com does not limit in any way our liability by law for death or personal injury, pain and suffering or emotional distress caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct. You agree to indemnify and hold harmless Search4Gems.com and Search4Gems.com from any claim, suit, action, demand, loss, and damages, including without limitation reasonable legal, expert and accounting fee, costs, and expenses, made or incurred by any third party arising out of your breach of these Terms and Conditions of the Visitor Agreement or relating to your use of the Service, your use of content accessed from the sites or Service, your violation of this Visitors Agreement, and/or your violation of any law or the rights of a third-party.

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16. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: The Service and the Website (including any software) is provided on an "as is" and "as available" basis. Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, Search4Gems.com and its subsidiaries, affiliates, officers, directors, employees, agents, and licensors expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Search4Gems.com makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and Search4Gems.com disclaims any liability relating thereto. Search4Gems.com cannot guarantee and do not promise any specific results from use of the Service and the Website. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein. The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall Search4Gems.com be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, Search4Gems.com shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, traffic congestion on the Internet or at any website or combination thereof, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware, whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. Search4Gems.com shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Search4Gems.com’s reasonable control, including, without limitation, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour 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 heating, lighting, or air conditioning. Search4Gems.com shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, Search4Gems.com may modify, suspend, or discontinue any part of the Service (including any content) or your use of them; and in the event Search4Gems.com does so, it will not be liable to you or any third party.

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17. Governing law and jurisdiction

You acknowledge and agree that the Agreement and the relationship between you and Search4Gems.com shall be governed in accordance with English law and subject to the exclusive jurisdiction of the English Courts without regard to its conflict of law principles. You agree to personal jurisdiction of the English Courts.

18. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Please report any violations of the Visitors Agreement to support@Search4Gems.com

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Updated 27 July 2011

4/16/2014 9:03:24 AM  Contact  |   Terms & Conditions  |   Privacy Policy  |   About Us  |   Fees
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