DESCRIPTION OF SERVICES
myGemma provides users with access to pre-owned, discounted luxury goods online from major jewelry and watch brands, authenticated by our team of experts. We provide access to the Store as described in this Agreement.
The Store is available for individuals 18 years or older. If you are under 18, you are not permitted to use the Store. By accessing and using the Store, you represent and warrant that you are at least 18.
In addition, by accessing and/or using the Store, you hereby agree to comply with the following rules:
Please let us know about inappropriate content. If you find something that violates our Restrictions policy, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Store, or any portion of the Store, without notice and remove any content that does not adhere to these Restrictions.
SALES AND TRANSACTION PROCESS
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you use the Store, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We strongly recommend that you exit from your account at the end of each session in order to avoid this potential issue. You agree to notify myGemma immediately of any unauthorized use of your account or any other breach of security. myGemma reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
Shipping and Insurance
myGemma ships via FedEx and USPS. UNLESS NOTIFIED OTHERWISE, all items should be shipped within 48 hours of receipt of order. Orders received Saturday and Sunday will ship the following business week. All items sent out are insured by myGemma for the price paid by the buyer. The package is insured by us until it is signed for at the delivery address.
A signature is required on delivery for every shipment. If FedEx and USPS is not able to deliver the package because it has been unable to obtain a signature, it will leave an instruction card. If the package is returned to a local delivery office, it will need to be collected within a period of time specified by the carrier. If the package is not collected within this time, it may be returned to us. On receipt of the returned items, we will contact you to arrange for the items to be resent.
Returned items must be shipped to myGemma.
If you received the item and changed your mind, you can return it for a refund or exchange. We allow up to 14 days from the delivery date and accept returns that are in their original and unused condition. Any signs of alteration or being worn/used, it can no longer be accepted for return or exchange.
If you purchased an item with original factory tape, plastic protectors and stickers they must be intact and never removed in order for us to accept a return or exchange. Any original box and all paperwork must be intact and in the same condition.
You must email our customer service for a Return Merchandise Authorization Number (RMA #) as no returns will be accepted without authorization. RMA #’s are valid up to the end of the 14-day return period.
myGemma opens every package that it receives under video, and will weigh and, where relevant, test the items included in the package to ensure that they are the original piece. myGemma also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to the shipper – without any liability to myGemma.
For any watch valued at $1,000 or more that does not carry a manufacturer’s warranty, myGemma may, at our discretion, offer a one-year warranty to the buyer of the watch. Our warranty shall only extend to the initial buyer of the watch. The warranty will provide that the item is free from defects in materials and workmanship under normal use for 12 months from the date of sale. The warranty covers the repair of the watch and, if repair is not feasible, replacement of the watch or a refund, as determined by myGemma in its sole and absolute discretion.
The myGemma warranty “covers the mechanics and movement of watches” and excludes monetary loss. The warranty does not cover accidents, theft, loss, mistreatment, improper use, physical abuse, wear and tear from normal use, or damage resulting from tampering with the product, water or moisture exposure, or other physical damage. Damage resulting from or that occurs due to having the item serviced or modified by a third party renders the warranty null and void. The warranty does not cover fraudulent or counterfeit items. This warranty and the remedies set forth herein are exclusive and in lieu of all other warranties (including any original manufacturer’s warranties, which are hereby expressly disclaimed), remedies, and conditions, whether oral or written, expressed or implied.
BRANDS, SOURCING AND AUTHENTICATION OF GOODS SOLD
myGemma is not affiliated with any of the brands available for purchase, all products are authenticated by our team of jewelry and watch experts. You acknowledge and agree that myGemma's authentication process is in-house and independent. Branded goods sold by myGemma have typically been purchased from consumers and not from the brands directly. The brands are not typically involved in the authentication of the products. However, in many instances, the products have been repaired or re-polished by the brands. In many instances, we will provide paperwork from the brands showing the provenance of the item. None of the brands sold are affiliated in any way with myGemma, nor do they assume any responsibility for any products purchased from the Store. myGemma does, however, cooperate with brands seeking to track down the source of counterfeit items.
The Store contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of myGemma (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. The photographs processed by myGemma for the sale of our items are the sole property of myGemma and may NOT be used by others on any other sites or for any other purpose.
You will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Store, and our services automatically terminates and you must promptly destroy any copies you have made of the Content.
The trademarks, service marks, and logos of myGemma (“myGemma Trademarks”) used and displayed on the Store are registered and unregistered trademarks or service marks of myGemma. Other company, product, and service names located on the Store may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the myGemma Trademarks, the “Trademarks”). Nothing in the Store should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the myGemma Trademarks inures to our benefit.
Elements of the Store are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE STORE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE STORE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE STORE AND THE CONTENT AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE STORE WILL OPERATE ERROR-FREE OR THAT THE STORE, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE STORE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE STORE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CERTAIN WAATCH PRODUCTS (AS SPECIFICALLY NOTED) COME WITH A ONE YEAR WARRANTY FROM GEMMBYWPD.COM AND WHERE ALSO SPECIFICALLY NOTED DIRECT FROM THE MANUFACTURER.
OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (II) OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE LESSER OF THE AGGREGATE AMOUNT OF THE ITEMS SOLD BY YOU OR TEN THOUSAND DOLLARS ($10,000).
THE STORE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED IN THE STORE. THE STORE MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE IN THE STORE DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE STORE AT ANY TIME WITHOUT NOTICE.
The Store may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
COMPLIANCE WITH APPLICABLE LAWS
The Store is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Store or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION/MODIFICATION OF THE AGREEMENT
DIGITAL MILLENNIUM COPYRIGHT ACT
myGemma respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
535 5th Avenue, 11th Floor
New York, NY 10017
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over myGemma, either specific or general, in jurisdictions other than New York.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STORE, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property”, “Communications to Us”; “User Submissions”; and “Publicity.” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination/Modification of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
How to Contact Us
If you have any questions or comments about these Terms & Conditions or the Store, please contact us by email at email@example.com
Copyright 2021 myGemma.com, LLC. All rights reserved.