Policies |
Terms & Conditions |
1. Acceptance of This Agreement
Your access to, and use of, this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Website.
2. Terms of Use
This Website is operated by Assorted Gems Corporation, Inc. ("Assorted Gems Corporation"). Throughout the site, the terms "we," "us" and "our" refer to Assorted Gems Corporation. Assorted Gems Corporation offers this Website, including all information, tools, services and sales available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
3. Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website without the express written consent of Assorted Gems Corporation.
You must not use this Website to transmit or send unsolicited commercial communications. You must not use this website for any purpose related to marketing without the express written consent of Assorted Gems Corporation.
4. License to Use
You may view, download for caching purposes only, print pages and place orders from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You must not republish material from this Website; sell, rent or sub-license material from this Website; show any material from this Website in public; reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; edit or otherwise modify any material on this Website; or redistribute material from this website.
5. Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site may be registered and unregistered trademarks of Assorted Gems Corporation, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on this Website without the owner's prior written permission, except as otherwise described herein. Assorted Gems Corporation reserves all rights not expressly granted in and to the site and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
6. Use of Materials on Website
Some features that may be available on this Website require registration. By registering at, and in consideration of your use of the site, you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you are required to notify Assorted Gems Corporation immediately. Unless notified otherwise, Assorted Gems Corporation may assume that any communications received by Assorted Gems Corporation under your password have been made by you.
7. Disclaimer
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANYTIME. ASSORTED GEMS CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SIGHT WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THIS SITE. YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSORTED GEMS CORPORATION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ASSORTED GEMS CORPORATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ASSORTED GEMS CORPORATION NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, AS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ASSORTED GEMS CORPORATION, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD, PRODUCT OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ASSORTED GEMS CORPORATION NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ASSORTED GEMS CORPORATION IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND ASSORTED GEMS CORPORATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend and hold harmless, Assorted Gems Corporation and its employees, agents, affiliates and suppliers, from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or action brought against Assorted Gems Corporation arising out of any breach by you of these Terms and Conditions, or other liabilities arising out of your use of this Website. If you cause a technical disruption of this Website or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
10. Reasonableness
By using this Website, you agree that the exclusions, disclaimers and limitations of liability set out in these Terms and Conditions are reasonable.
11. Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms and Conditions and your use of this Website, and you irrevocably consent to the jurisdiction of the courts located in New York, for any action arising out of or relating to these Terms and Conditions. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to limit such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the place where you are when you access it, the Website is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
12. Product Descriptions
Assorted Gems Corporation and its associates attempt to be as accurate as possible. However, Assorted Gems Corporation does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by Assorted Gems Corporation is not as described, your sole remedy is to return it in an unused condition as described below. Computer monitors vary greatly in the rendering of colors. Images of the gemstone or jewelry piece should not be taken as an actual representation of the color, clarity, or brilliance of the item. They only provide a verification of shape, cut and/or relative size.
13. Price and Payment
The price stated on this Website includes all charges for packaging, boxing, crating, special handling, and freight, F.O.B. destination. You agree that any purchase requests made by you will constitute your intent and agreement to be bound by these Terms and Conditions and to pay for such purchase. All prices are subject to change at any time by Assorted Gems Corporation without notice.
14. Returns and Exchanges
All returns must be made within fourteen (14) days of the date of purchase. You will receive a store credit for the purchase amount including all applicable taxes. The store credit may be used to purchase another item(s) or be applied to the purchase of a gift certificate. Mailing expenses for items being returned to Assorted Gems Corporation will be paid by the customer. All returned material must be received in a salable condition. Under no circumstances will items which have previously been used by the customer be eligible for return. Products will be inspected upon return to determine whether the product is eligible for store credit. Requests for credit must be made to: info@AssortedGemsCorp.com.
15. Changes to Terms and Conditions
Assorted Gems Corporation reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Your continued use of the Website after any changes to the Terms and Conditions or other policies means you accept the changes.
16. Entire Agreement
These Terms and Conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered, and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
17. Severability
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in place.
18. Contact Information
If you have any questions or comments about our Privacy Policy, please contact us by:
Email: info@AssortedGemsCorp.com
Telephone: 212-719-1535