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Hem Gems Terms of Use

Effective on May 5, 2010

Hem Gems (referred to as “us” or “we”), is committed to providing you with high quality products and services through our sites subject to the following notices, terms, and conditions.  Please note that when you use our sites or any of its services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.


Acceptable Payment

Hem Gems currently accepts the following forms of payment: PayPal, Visa, MasterCard, American Express. You will not incur surcharges by us for using your credit card to make purchases. Please be sure to provide your exact billing address and any other relevant personal information when prompted. Incorrect information will cause a delay in processing your order. Your credit card will be billed immediately upon purchase. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Purchase orders from wholesalers shall be subject to the payment terms on the Hem Gems invoice statement. All payments must be made in United States dollars. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes, shipping, and any additional charges) has been paid.


Product Availability and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site. All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.


Other Sites

We make no representations whatsoever about any other site which you may access through this one.  When you access a site that is not affiliated with our site, please be aware that it is completely independent. We have no control over the content or policies on that site.


Multiple Product Orders

For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.


Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. If your credit card has already been charged and your order is cancelled, you will receive a prompt refund to your account.


Return Policy

Hem Gems strives to keep our customers happy. Any requests to return products must be made via e-mail and must include the invoice number, quantity, original packaging, and reason for the return submitted to customerservice@hemgems.com. All products may be returned for a complete refund within 10 days of purchase. Defective products may be returned within 10 days of purchase, accompanied by an original receipt of purchase, and will be replaced with the same product or, if the product is no longer available, a similar product of equal value. Shipping costs shall only be refunded for defective products. Hem Gems offers a competitive pricing structure and guarantees the lowest advertised price within 10 days of purchase for all of its products.  Hem Gems will refund the difference in advertised pricing so long as a customer submits proof of the lower advertised pricing for the same product from a registered reseller along with the original sales receipt within 10 days of purchase. 


Out-of-Stock Products

We will ship your product as it becomes available. Usually, in-stock products ship by the next business day. However, there may be times when the product you have ordered is out-of-stock which will delay further fulfilling our order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.


Shipping Policy

We offer a variety of shipping options to meet your shipping needs and use only premium carriers. Most in-stock orders will ship by the next business day. Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us or by other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. These shipping terms are accepted by you by placing an order with us.


Advertising Disclaimer

We make every effort to ensure that our products are displayed and listed correctly on our site. In the event that a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall reserve the right to refuse or cancel any such orders placed, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.


Taxes

Hem Gems shall automatically charge and withhold the applicable California sales tax for orders to be delivered to addresses within California. For orders shipped to other states, you are solely responsible for all sales taxes or other applicable taxes.


Privacy Policy

Any participation on this site, whether or not a purchase is made, is subject to our Privacy Policy which can be found by clicking here.


Intellectual Property

All intellectual property content included on this site, such as patents, text, graphics, logos, buttons icons, images, audio clips, and software, is our property or the property of the applicable licensors and is protected by U.S. and international intellectual property laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on this site is our exclusive property and protected by U.S. and international copyright laws.  All software used on this site is our property or the property of its software suppliers and is protected by U.S. and international copyright laws.  The content and software on this site may be used as a shopping and selling resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.


Usage Regulations 

Neither this site, nor any portion of it, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us.  We, and our affiliates, reserve the right to refuse service, terminate accounts, and / or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests or the interests of our affiliates. 


Disclaimer and Limitation of Liability

 Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.


Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.


Notices

Our site may contain other proprietary notices and copyright information, the terms of which must be strictly observed and followed.  Information on this site may be changed or updated without notice and we encourage users to check this Terms of Use on a regular basis.  If any provision of this Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use, and any other agreements referenced herein, may be assigned by Hem Gems, in our sole discretion, to a third party in the event of a merger or acquisition. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. You agree that, by accepting this Terms of Use, you consent to the use and disclosure of your personal information and other practices described in our Privacy Policy. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. 


California Law 

This site is created and controlled by us in the state of California, USA.  As such, the laws of the state of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to such matters. Any causes of action brought by you against us or our affiliates, licensors, or licensees, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.


Contact 

If you have any questions about our Terms of Use, please feel free to contact us at customerservice@hemgems.com.