STORE OPENING FORM

Last updated: November 15, 2023

Table of contents:

1. General terms of use for opening a store on GEMS

2. Gold policy

3. Diamond policy

4. The seller's obligations

5. Method of issuing payments

6. Deliveries

7. Conflicts and breach of contract

8. Confidentiality

9. Termination of agreement and closing a store on the website

10. Rights of intellectual property

1. GENERAL TERMS OF USE FOR OPENING A STORE ON THE GEMS WEBSITE

The seller is required to sign all the pages of the agreement and to write the signature date next to the signature.

The seller’s minimal experience in the industry of jewelry is 3 years.

A seller of single diamonds must have experience of 8 years in the diamond trade.

The seller is exempt from withholding tax.

The seller declares and undertakes that he complies with the Standard of Gold and Diamonds as stated above.

2. GOLD POLICY

By virtue of the Israeli Standards Law, the seller must comply with Gold Standard 299.

The law prescribes that any gold product that weighs more than 1 gram - whether it is manufactured in Israel or imported - must undergo a process for the authentication of the scale of the purity of the gold.

Products with a purity scale of less than 375 / 1000 of gold (9 carat) are not considered a gold product, and therefore, they do not require the hallmarking and they will not be referred to as a gold product.

Compliance with the Standards Law which institutes that each product must have three hallmarks:

The hallmark of the manufacturer or the importer must be visible.
The hallmark of the purity of the gold - in carats or in thousandths.
The hallmark of the purity which proves that the hallmarking of the purity of the gold is indeed correct.

The first two hallmarks are impressed on the piece of jewelry by the manufacturer; the hallmark is impressed on the piece of jewelry in the laboratory for precious metals at the Standards Institute.

Gold products which are not marked with these three hallmarks are prohibited for marketing on the Company's website!

When a jeweler repairs or implements a change in an existing piece of jewelry of a customer (such as repairing a neckless, resizing a ring, etc.), he must make sure that the gold he uses has the same grade of purity as the existing piece of jewelry, and after making the repair – he must document all the repairs that were made.

3. Diamond Standard Policy on the GEMS website

License - a jeweler who sells a natural diamond while it is set in a piece of jewelry will declare to the Company as follows:

He purchased it from a reliable authorized trader with a diamond dealer’s license, a manufacturer or a trader with a license to engage in the diamond trade - subject to the laws of commerce in Israel.
The work of setting the natural diamond on the piece of jewelry was performed by a trader who has a license for engaging in the diamond trade, by a trader who has a diamond dealer license – manufacturer, or by a trader who has a diamond dealer license – goldsmith / silversmith.
As far as the jeweler does not have the aforementioned license - he will provide the Company with the name of the supplier and/or the details of the dealer from whom he purchased the diamond and the details of the dealer who performed the setting of the diamond on the piece of jewelry.

The GEMS B2B platform - provides the option for trading among traders, where you can buy and sell diamonds and/or GEMS. The B2B platform has no option for cancelling a transaction and/or for returning products through the platform. The website will not be responsible for transactions of this type.

A diamond dealer who wishes to sell natural diamonds to another jeweler / diamond dealer on the GEMS B2B platform must have a diamond dealer license or a diamond manufacturer licence.

A diamond dealer who is interested in purchasing natural diamonds from another diamond dealer on the GEMS B2B platform must have a diamond dealer license or a diamond manufacturer licence or a diamond jeweler license. The license for the diamond jeweler does not give permission to trade the purchased diamonds.

Gemological certificate - GEMS demands that the sellers on the website provide a gemological certificate on behalf of a licensed laboratory for each natural diamond and/or a diamond from a laboratory which was both set and not set in a piece of jewelry and weighs 0.30 carats and more.

GEMS demands that the sellers on the website provide a gemological certificate starting from 0.30 carat!

4. THE SELLER'S OBLIGATIONS

The seller must comply with the product return policy that is instituted in the Consumer Protection Law - cancellation of a remote consumer transaction and in the policy of the cancellation of a transaction and the return of a user’s products on the GEMS website.

The seller must comply with all the terms of use of the GEMS website, including – online management and update of the stock in his shop; an accurate update of the details of the products that are uploaded to the shop; delivery of the products to customers, if such a delivery service is offered; be punctual; compliance with the standards, the laws and the regulations that are instituted in the State of Israel. In addition, he must declare that he does not have any legal and/or administrative hindrance for engaging in the jewelry field.

The seller may make the conditions for returning products easier for his customers, i.e., each seller can extend the period during which he allows the consumer to return a product, even if it is longer than the period that is defined by law.

Made in Israel. The seller may display the "Made in Israel" mark on all product pages of his catalog and in his profile. In this case the seller declares that he has a certificate confirming that it was issued by the Blue and White Administration of the Ministry of Economy and Industry.

Do not suggest to buy or to sell outside GEMS. Buyers and sellers are also prohibited from sharing contact information upon the completion of the transaction on the contact page that refers to the consumer and/or to the seller on the website - the purpose of which is an off-site purchase. This type of action exposes the parties to the risk of defrauding the website, and the parties are not covered under the protection granted to the parties on the website.

GEMS B2B platform:

• The seller will provide the company with a list of countries in which GEMS will be allowed to distribute the seller's products, accordingly the seller declares that he knows and acts in accordance with the trade laws of the products in the said countries, it is clarified that GEMS does not and/will not be responsible for the said matters and apart from those written in the policy for opening a store this

• The seller will deliver to the company a catalog of the products sold by him, with all the relevant details for each product such as: type of stone, color, quality, cut, etc.

For transactions other than through credit card on the website:

• GEMS will send the customer an order confirmation, and will transmit to the seller a confirmation of payment from the customer to the seller. The company will transfer all the customer's contact information to the seller for the purpose of sending the order to the customer, the seller is responsible for shipping the products to the customer under its responsibility.

• After receiving confirmation of payment by the seller, the seller will send the customer a tax invoice/receipt accordingly, and you will send GEMS confirmation of receipt of the order by return email.

Prohibited actions between the seller and the buyer:

Engaging in actions between users whose purpose is to complete a transaction outside GEMS;
Sharing information for the purpose of completing a transaction and/or a sale outside GEMS (excluding essential information for the purpose of carrying the transaction out on the website);
Promoting the shop or the shop’s website through the GEMS website;
Using details that were obtained on the website for the purpose of carrying out a transaction outside the website;
Registering an item which includes a mention or a reference to its off-site purchase;

Activity which does not comply with the policy of GEMS may cause a penalty! The penalties include the following: Cancelling registrations, hiding or downloading all the registrations from the search results, blocking some or all of your messages / communication, downloading the rating of the seller, restrictions of buying or selling, suspending the account, application of service charges and returning expenses for follow-up and for the enforcement of policy.

Displaying the required information for the products on the website:
In order to allow the consumer to receive all the information he needs for the products on the site, the seller is required to update the following parameters:

The type of product
The type of jewelry
Units in Stock
Final price of the product in NIS including VAT
If a personal delivery policy is chosen, you must indicate the expected receipt of the product in several days and the cost in NIS including VAT
If a personal product return policy is selected, the number of days in which the product can be returned must be specified, which is a minimum of 14 days.
Jewelry metal
The size of the jewelry - mandatory for an immediate delivery type product. If it is a personal design type product, it is recommended to write "can be ordered in all sizes" in the parameter "short description - supplementary description of the product"
If a center/side stone is set, the type of stone must be specified
If a central/side stone is set, the type of gemstone/shape/measurements of the stone should be indicated if known
If a diamond is set, state of diamond - natural or laboratory
If a natural or laboratory diamond is set, the details of the diamond must be stated, i.e. weight, cut, quality, color, source
If a natural or laboratory diamond is embedded and its weight is equal to or over 0.30 carats, a gemological certificate from a licensed laboratory must be attached
If a watch, the mechanism, display method, brand, strap raw material, strap length, shape, strap color, warranty, opacity must be completed
All other parameters are optional, but remember! The more you fill in and specify more parameters for each product, the more your product exposure will increase on the site and will appear in all the relevant categories.
pay attention! A seller who uploads to the website products that are not original and/or fake and/or whose details are incorrect and/or products with a serial number that differs from the product's authenticity documents - is exposed to violating the terms of use of the website and breaking the law and will be subject to the penalties provided by law, including compensation and indemnification of the company as a result of actions and/or these omissions may damage the company's reputation.

Product cancellation and return policy pursuant to the Consumer Protection Law:

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Ministry of Economy and Industry

Online purchase of jewelry and cancellation of transactions, Date of publication: June 1, 2020

What does the law say in the event that the consumer bought a piece of jewelry - from a distance or in the place of business - and regretted the purchase? What are his rights, and what are the obligations of the business owner?

In recent months, as a result of the Corona Crisis, the consumption habits in Israel have changed. We have found out that more consumers gradually replace physical shopping with online shopping.

In light of the challenging circumstances of this period, many businesses of jewelry had to reinvent themselves and adapt to the changing reality, even jewelers that have previously not operated online.

The transition to online shopping indeed includes new business opportunities, but additional coping vi-a-vis the consumer in the events of the cancellation of a remote transaction as well.

What does the law say in the event that the consumer bought a piece of jewelry and regretted the purchase, what are his rights? And what are your obligations as a business owner?

For these issues, the legislator established various protections for the consumer during the cancellation of a transaction, while taking into account the type of the transaction that was carried out, as follows:

Cancellation of a remote sales transaction of a consumer

In this case, it is a jewelry transaction which is carried out as a result of the dealer’s approach to the consumer through online advertising on the website, on the phone and through any other means of communication, without the consumer being able to be directly impressed by the product (a transaction which was carried out by not arriving to the place of business.)
While carrying out the transaction, the dealer must provide the consumer with a proper disclosure form which states the essential details of the transaction, such as: The details of the dealer, the main features of the piece of jewelry, the price of the piece of jewelry, the name of the manufacturer, the country of manufacture, the delivery date, information about the terms of the warranty and details about the cancellation right.
The dealer is obligated to inform the consumer in writing how to deliver a message about the cancellation of the transaction - the contact details with respect to each of the cancellation methods and the details that the consumer must include in the cancellation notice. The information will be written in the contract, in the form of disclosure or in a document which specifies the main points of the transaction.
In addition, the information will be specified on the invoice, the receipt or the payment notice in the transaction.
If the dealer has a website, the information will be specified on the main page of the website. If it is a website through which the transaction can also be carried out, the information about the cancellation of the transaction will be written on the main page next to the link which makes the cancellation of the transaction possible.
The results of the cancellation of the transaction are instituted in Section 14E to the Consumer Protection Law and by virtue thereof, the consumer must be refunded within 14 days from the date of receiving the cancellation notice.
If it is a senior citizen, a physically challenged person or an immigrant, the transaction can be canceled within a time frame of 4 months from the date on which the agreement was drawn up / the piece of jewelry was delivered. The dealer may request a certificate which proves the above.
With respect to the cancellation fees and returning the piece of jewelry, there is a distinction between the cancellation of the transaction due to a defect, an incompatibility or a failure to deliver on time and the cancellation of the transaction for another reason.
If the consumer canceled the transaction due to a defect, an incompatibility, a failure to deliver on time or another contractual violation, even if the packaging of the product has already been opened, the dealer must refund the consumer within 14 days from the date of receiving the cancellation notice and pick the product up from the consumer's home without charging cancellation fees.
If the consumer cancelled for any other reason whatsoever, the consumer must return the piece of jewelry to the dealer on his account, and the dealer may demand cancellation fees of 5% of the amount of the transaction or NIS 100 (whichever cheaper).
The transaction can be cancelled via the telephone, registered mail, fax or e-mail.

Cancellation of a consumer transaction in the place of business

If the piece of jewelry was physically purchased in the place of business and pursuant to the Consumer Protection Law, a refund will only be given for a purchase that does not exceed NIS 3,000 and within 48 hours from the purchase.
A refund will be issued through the same payment method that was used for the payment of the piece of jewelry.
Transaction cancellation fees according to law - 5% of the transaction or NIS 100 - whichever lower.
Cancellation of a transaction that was paid with a credit card – will be charged by adding clearing fees of 3%.
The piece of jewelry will only be replaced or returned in its original package and without any signs of use.
If it is a piece of jewelry which was set with diamonds / GEMStones, the product will first be sent for inspection, and only after confirming that it is the same product that was bought, the refund to the customer will be approved.
The following will not be returned: Pieces of jewelry which were purchased by the customer through special order, pieces of jewelry for which the customer ordered or chose diamonds, and pieces of jewelry which were manufactured according to the customized sized of the customer.
If they are pieces of jewelry which were purchased for an amount that exceeds NIS 3,000, the Company may, at its discretion, give a credit or allow the replacement with another piece of jewelry.

The Consumer Protection and Fair Trade Authority

Remote sales transaction, Date of publication: January 19, 2022

The purpose of a remote sales transaction is to purchase an asset or a service that is carried out as a result of a dealer's approach to the consumer via mail, telephone, radio, television, electronic communication, any advertisement whatsoever, etc., and it invites the consumer to engage in the transaction without arriving to the place of business.

According to Sections 14C-14E to the Consumer Protection Law:

The purpose of a remote sales transaction is to purchase an asset or a service that is carried out as a result of a dealer's approach to the consumer via mail, telephone, radio, television, electronic communication, any advertisement whatsoever, etc., which invites the consumer to engage in the transaction without arriving to the place of business.

During the marketing stage - the dealer must inter alia disclose the following to the consumer: His name and his address, identity card number / private company number, the price of the transaction and the payment terms, the main features of the product or the service, the date and the delivery method, details about the warranty, the period during which the offer will be valid and details about the cancellation right.

During the execution of the transaction - no later than the date on which the asset or the service is received, the dealer must provide the consumer with a contract or a proper disclosure form which inter alia includes details which are essential for the transaction - details of the dealer, the main features of the product or the service, the price of the product or the service, details about the cancellation right, the name of the manufacturer, the country of manufacture, information about the terms of the warranty and any additional term that applies to the transaction.

The consumer may cancel the remote sales transaction:

Regarding an asset – within 14* days from the date on which the asset or the contract / the proper disclosure form was received, whichever later.

Regarding an ongoing service (whether limited to a specific period of time or not) - within 14* days from the date on which the transaction was made or from the date on which the contract / the proper disclosure form was received, whichever later, whether it was applied to the rendering of the service or not.

Regarding a non-recurring service - within 14* days from the date on which the transaction was made or from the date on which the contract / the proper disclosure form was received, whichever later, on condition that the cancellation will be carried out at least 2 days (not days of rest**) before the date of the rendering of the service.

The cancellation can be carried out as follows:

Orally – via telephone or by physically arriving to the place of business and giving the message, unless the law prescribes that the cancellation of the transaction will be carried out in writing.
Via registered mail.
Via e-mail.
Via fax, if the dealer has one.
Through the Internet – in a transaction which allows communicating with the consumer through this media.
It is recommended - to save the documentation of the request for the cancellation of the transaction, so that you have proof of the actual cancellation of the transaction.

A consumer who is a physically challenged person, a senior citizen or an immigrant (the dealer may request a certificate that proves the above) - may cancel the transaction within 4 months from the date on which the agreement was carried out or from the date on which the product was delivered or from the date on which the document of the disclosure of the details which are required according to the law is received, whichever later.

* It should be noted that there is a disagreement in the courts in the following matter: When a consumer purchases tourism services over the phone following an ad or website of the dealer, the consumer has an extended right of cancellation by virtue of Section 14C1. The dispute mainly focuses on the question whether it is a remote sales transaction, while there are adjudications that state that it is indeed a remote sales transaction, and therefore the right exists, and there are adjudications according to which in order for the right to exist, there must be an initiated approach of the dealer and the existence of a website or an ad is not enough. The Authority supports the first approach according to which the definition of a remote sales transaction in the law does not specifically require an initiated approach, and the existence of a website or an ad of the dealer who contacts consumers to execute a transaction is considered remote marketing as a result of which a remote sales transaction can develop.

If the consumer canceled a remote sales transaction in which an asset or a service was purchased due to a defect or an incompatibility between the asset or the service or the failure to deliver on time or another contractual violation, the dealer must refund the consumer within 14* days from the date on which the cancellation notice was received and pick the product up from the consumer's home, and he is prohibited from charging cancellation fees.

In the event that the cancellation is carried out by the consumer for any other reason whatsoever, the consumer must return the product to the dealer on his account, and the dealer may demand cancellation fees of 5% of the price of the asset or the transaction or NIS 100, whichever the lower. Failure to return the product is not a condition for canceling the transaction.

A purchase of services of accommodation, travel, vacation or recreation can be cancelled within 14* days from the date on which the transaction was carried out or the contract or the proper disclosure form were received and on condition that there are more than 7* days (not days of rest**) until the date on which the service is provided.

In the event of the cancellation of a transaction which relates to the purchase of an ongoing service that has actually already started, the consumer must pay the relative consideration for the service that has already been provided.

If a product (goods) has been installed in the consumer's home, for the purpose of providing the service, the dealer may charge installation expenses up to NIS 100 (in addition to the cancellation fees, if the cancellation was not carried out as a result of a defect or an incompatibility, etc.).

A remote sales transaction cannot be canceled in the following cases:

Services of accommodation, travel, vacation or recreation were purchased 7* days or less (not days of rest**) before the date on which the service was provided.
Perishable assets (including perishable assets with a short shelf life) were purchased.
Custom-made assets were purchased by the consumer.
Assets that can be reproduced or recorded or duplicated whose original package has been opened (for example, CDs) have been purchased.
Information as defined in the Law of Computers was acquired.

Clarifications:

* Pursuant to the Law of Interpretation, the days are counted from today to the next day, and they include days of rest, recess or national holidays, unless they are the last days in the period (for example: If the last date is a Saturday, the last date will be postponed to the subsequent Sunday).

** The definition of "A Day of Rest": A Saturday and a day of rest are instituted in the Law of Hours of Work and Rest and in the Ordinance of the Government and the Law. A day of rest is only a Saturday or a holiday. Therefore, a dealer that is open 5 days a week is still bound by the provisions of the law which determine what the days of rest are, regardless of how many days the place of business is actually open.

This page was recently updated on January 19, 2022.

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h. The jeweler’s choice of tracks

At GEMS you pay when you earn money. There is no monthly package! You do not have to pay to keep the shop on the website! There are no current expenses! GEMS charges a commission for one future transaction of the seller which includes the product price and delivery fees plus V.A.T., if delivery is required.

During the opening of the shop - a clearing terminal which is designated to the place of business will be opened for you through PAYME (a clearing company) with the payment of non-recurring setup fees of NIS 150 plus V.A.T.

The fees for opening the terminal are divided between GEMS and the shop. Thus, the seller only pays NIS 75 plus V.A.T. only.
After receiving the access information to the Payami interface, the seller must connect to the ICOUNT system, which issues and sends the customer a tax invoice / receipt after the transaction on the website.
After making a transaction on the website, you will send the customer a tax invoice / receipt according to the details he entered. It is the seller's responsibility to ensure that a tax invoice/receipt is sent to the customer, and if it was not sent automatically by the system, he must send it to the customer manually.
A seller who meets the aforementioned requirements is glad to join the community of the GEMS’ jewelers, to start selling and to enjoy the variety of the services offered by GEMS with no additional costs!
The seller selects the track of commission which he prefers for promoting the shop on the website. In favor of the order of the products on the website, GEMS defines a coefficient of distribution for each of the products that the seller uploads. This coefficient depends on a number of parameters whose purpose is to understand how he appears to the consumer (the number of clicks on his product, the amount of the sales of the supplier, and an additional number of parameters out of which there is of course a random coefficient that does not depend on any factor, so that everyone will be given the same chance for success).
Coefficient of multiplication, a parameter in control. The coefficient of multiplication multiplies the total of the product’s coefficient of distribution. Each seller starts with a coefficient of multiplication of 1, and he has the right to change it in exchange for the increase of GEMS’ commission.

Percentage of the commission which GEMS charges for one future transaction of yours:

* The commission of GEMS Online includes V.A.T.

5. Method of issuing payments

Types of transactions, such as photography and augmented reality. The seller will pay GEMS with a credit card or a bank transfer, if it was coordinated with GEMS in advance immediately after the placement of the order.

Types of transactions, such as jewelry, GEMS and diamonds.

• By making a bank transfer from the buyer to the seller. By paying by bank transfer, the seller undertakes to transfer to Gems the confirmation of the order and payment, as well as to transfer to Gems the sales fee subject to the transaction - failure to comply with the terms of this section exposes the seller to a violation of the site's terms of use.

• Through cash - subject to compliance with the law on the reduction of the use of cash 2018. By paying with cash, the seller undertakes to transfer to Gems the confirmation of the order and payment, as well as to transfer to Gems the sales commission that is the subject of the transaction - failure to comply with the conditions of this section exposes the seller to transfer on the terms of use of the site.

• Credit card clearing service and payments on the website are only issued through PAYME.

The method of issuing payments and transferring funds - a flow chart is attached in the next paragraph:

The buyer carries out a transaction on the website of GEMS Online.
The amount of the transaction which includes the cost of the products and the delivery fees of GEMS / of the jeweler is transferred to the cash register of the seller on the PAYME platform.
A tax invoice / receipt in the name of the seller is automatically transferred through PAYME to the buyer. The issue of this invoice is under the responsibility and the payment of GEMS.
The commission of GEMS which was defined in the seller's registration to the website of GEMS Online is transferred to the cash register of PAYME.
The commission of the clearing is transferred to the cash register of PAYME according to the type of the payment that was issued by the buyer. The commission of the clearing of PAYME is attached in the flow chart of the payments, and they do not include V.A.T.
A tax invoice / receipt in the name of PAYME is transferred to the seller according to the commission of GEMS Online and to the commission of the clearing. The issue of this invoice is under the responsibility and the payment of PAYME.
Payment to the cash register of GEMS Online is issued from the cash register of PAYME out of the amount that was transferred from the cash register of the seller.
A tax invoice / receipt in the name of GEMS Online is transferred to PAYME according to the payment that was issued. The issue of this invoice is under the responsibility and the payment of GEMS.

More information about the payments:

A credit to the seller is set for the 9^th of each month with respect to transactions that were carried out prior thereto.
The seller has an option to receive a rapid credit (7 days from receiving the transaction) instead of a monthly credit. The seller pays to the PAYME clearing company a consideration of 0.7% of the total amount of the transaction minus the share that is due to GEMS.
While registering to the GEMS website, the seller allows - for each type of transaction - the buyer to issue payments of up to in 5 equal installments. The seller and GEMS receive the payments according to the split of the transaction as long as it was not defined otherwise by the seller.
It is possible to discount payments (receiving the total amount of the transaction which was carried out by the buyer in installments in the month subsequent to the transaction) in exchange for 0.7% per payment to PAYME, with the prior approval of the seller through the management interface of the seller on the PAYME website.
The service of issuing a tax invoice / receipt is automatic, and it is only provided by the clearing company PAYME.
The payments for the seller’s tax invoice / receipt are issued by GEMS Online rather than by the seller

* All the transferred amounts are subject to the commissions of the clearing and the transfer as stated in this agreement.

Flow chart of credit card payments in the GEMS website:

Flow chart B2B without credit card:

Flow chart of a tax invoice/receipt for credit card payment:

Flow chart of a tax invoice/receipt without credit card payment:

6. DELIVERIES

The delivery service offered by GEMS is a payment that is issued by the buyer as part of the transaction, and the customer can choose through which (relevant) delivery service he wishes to receive the product - according to his choice and the costs included on the page of the product.

7. CONFLICTS AND BREACH OF CONTRACT

In any event in which the seller is found to have violated the terms of this agreement and/or the website’s terms of use and/or owes a financial debt to the website and the deadline for its payment has passed, the Company may suspend the activity of his shop and act against the jeweler with the legal tools that it has.

If a jeweler violates the Company’s terms of use and/or the agreements therewith by way of committing a criminal violation against the law, the Company may close his shop permanently, and the jeweler will pay to the company an agreed compensation of NIS 50,000.

* What does a criminal violation entail?

A jeweler who violated his legal obligations towards the company and/or the customer;
Forgery of documents and/or certificates, the sale of a piece of jewelry / a gem / a diamond of poor quality and/or whose quality or type of data are inferior to those presented to the customer;
Failure to comply with the standards established by law despite the obligation to do so (gold and diamond standard) and the like.

8. CONFIDENTIALITY

The parties undertake to keep confidential any information they receive in connection with the products and/or activities of the seller and/or GEMS, as the case may be, and not to make use of this information except for the purpose of fulfilling their obligations under this agreement and for the purpose for which the information was given to them.

9. TERMINATION OF AGREEMENT AND CLOSING A SHOP ON THE WEBSITE

Without a game, everything is transparent to you. A jeweler who wishes to close the shop will notify GEMS, and the request will be processed accordingly at the soonest possible opportunity.

However, pay your debts first! GEMS will approve the closing of the shop’s account on the website after corroborating that there are no debts to the customer and/or to the Company and/or to a third party supplier, and after all the open orders of the shop are closed. Closing the account of the shop on the website does not exempt its owner from its obligations towards the website and/or the consumer.

The agreement has been brought to an end, the provisions of the agreement will continue to apply with regard to product orders approved by the seller prior to the cancellation of the agreement by the company, and the seller's fee for the existing transactions will be paid on time, it is agreed that the provisions of this above section will continue to apply even after the cancellation of the transaction for a period of Another year from the date of termination of the agreement

10. RIGHTS OF INTELLECTUAL PROPERTY

By opening a shop on the website, you declare the following: All of the images and/or the short videos and/or the trade names and any contents that you uploaded to the website are approved for publication; you hold the rights of intellectual property and the rights to use it; you agree that GEMS will make any legal use thereof as it wishes, and you will have no claims in this matter.

GEMS provides the jeweler and the diamond dealer with the services of SPIN / AR photographs through advanced technologies which are only used on the website. The products are produced for the Company, and the rights therein belong only to the Company, because you are aware of the fact that these products cannot be used outside the website!

RATING 2 AVERAGE 5

Last updated: November 27, 2022

Table of contents:

1. Introduction

2. Definitions

3. General

4. User's declaration

5. Registration to the website and how to carry out the purchase

6. Supply and transportation of the products

7. Cancellation of the transaction by the user

8. Cancellatio of the transaction by the shop and/or the website

9. Mailings

10. Warranty and intellectual property

11. Customer service

1. INTRODUCTION

Welcome!

GEMS is a website for providing services in the jewelry field which include selling and renting pieces of jewelry, gems and diamonds. The website is operated by Gems Online Ltd.

GEMS provides a platform for jewelers, gold- and silversmiths and diamond dealers which manage their own shops with their own goods, and they are in charge of their own stock.

GEMS does not manufacture goods, and it does not have any stocks.

GEMS upgrades the user experience of the consumer and the jeweler by providing a complete service while buying jewelry online: Comparison of prices between numerous jewelers, delivery services, diamonds which are supplied with certified certificates from a laboratory, solution for measuring, etc.

GEMS does not employ any of the shop owners on the website and the products are uploaded to the website by independent sellers who are not the Company’s employees, agents or representatives.

GEMS makes its utmost efforts to make sure that all the sellers on the website meet the prerequisites for opening a shop on the website, and that all the products that were uploaded to the website meet the conditions that are instituted in the Israeli Law and relate to the sale of jewelry according to the sellers’ declaration on the website.

2. DEFINITIONS

"GEMS Online", "GEMS", "The Company" - Gems Online Ltd., Private Company No. 516396157.

"The Website", "Gems Online Website" - www.gemsonline.co.il

"User" - a visitor to the website, a purchaser on the website, a seller on the website and anyone who uses the website.

"Articles of Association" - the Articles of Association of the terms of use of the website.

"Seller" - jeweler, gold- or silversmith, shop owner on the GEMS website who has been approved by GEMS to set up a shop on the website.

"Product" - pieces of jewelry, gems, diamonds which were advertised by a seller for sale / rent.

"Personally Assembled Jewelry" - a piece of jewelry which is specifically tailored for the user and was marked as a personally assembled product.

"Services" - any service offered by GEMS and/or a seller on the website, including a service of a personal order, cleaning service, etc.

"Business Day" - weekdays from Sunday to Thursday, excluding Fridays and Saturdays, holiday eves and holidays (Chol Hamoed - intermediate days of certain Jewish holidays). A business day ends at 5:00 p.m.

"Third Party" - any provider / supplier other than GEMS or a seller on the website - including the payment provider, the supplier of the deliveries, the supplier of the gemological laboratories, etc.

"Proper Disclosure" - proper disclosure which states the most important details of the transaction, such as the details of the seller, the main features of the piece of jewelry, the price of the piece of jewelry, the name of the manufacturer, the country of manufacture, information about the terms of the warranty and details about the right of cancellation.

"Order Confirmation" - a document which specifies the details of the transaction after the purchase is carried out on the website.

"Consumer Protection Law" - Consumer Protection Law, 1981.

"The Standards Law" - The Standards Law, 1953.

"Licensed Laboratory" - a licensed laboratory is a laboratory which is authorized to issue a gemological certificate and received a license on behalf of the Department of Supervision of Diamonds and Gems in the Ministry of Economy and Industry.

"Gemological Certificate" - an official and objective document which scientifically specifies the characteristics of diamonds or gemstones according to the findings of tests that were carried out in a licensed gemological laboratory.

"The Standards Institution of Israel" - a laboratory in Israel which tests gold.

"Gold Standard" - Official Standard Israeli Standard 299, by virtue of the Israeli Standards Law.

"Diamonds Trading License" - a license work as traders who are about to trade diamonds through activities of export and import or through an activity of local trade. In addition, holders of a license to deal as trades about to deal business license holders as manufacturers who are going to engage in diamond polishing.

3. GENERAL

These Articles of Association constitute the basis for using the website, and it settles the legal relations between GEMS and the website user. If you use the website, you agree to the terms of these Articles of Association and to the rest of GEMS’ terms while using it.

As far as you do not agree to its terms, you are absolutely prohibited from using the website!

GEMS makes efforts to make sure that the information that is presented on the website is complete and accurate. However, it may include inaccuracies and/or mistakes which were carried out in good faith, and the Company is not responsible at all for this information.

In any case of a contradiction between the provisions of these Articles of Association and information that is obtained from another source, the provisions of these Articles of Association will prevail.

Translation. In any case of a mismatch or error in the translation of the term of uses and/or the information on the website in a foreign language, the information presented in Hebrew is more accurate

The update of the Articles of Association requires your update and your signature. The Company, at its sole discretion, reserves the right to amend the Articles of Association from time to time, subject to any law and the latest version is the binding version. An immediate message will be sent to the registered user, so that he can update and sign the updated terms of use.

Your GEMS account can be terminated. Without derogating from the generality of the aforesaid and without derogating from any other relief or procedure, it is clarified that the Company may deny access to users who - at the Company’s sole and absolute discretion - took or attempted to take any action on the website which contradicts any law and/or the provisions of these Articles of Association and/or which may harm the Company and/or its reputation in any manner.

The website's electronic records, including the reception of the details as entered by the user, will constitute peremptory and final evidence for the correctness of the actions which were taken by the user on the website.

The Laws of the State of Israel. These Articles of Association and/or any legal cause which arises from the use that complies therewith will be interpreted and enforced pursuant to the laws of the State of Israel, and if necessary, will only be arbitrated in the courts of the Tel Aviv District. In the event of a contradiction between the quantal provisions of the law which apply to the provisions of these Articles of Association, the provisions of the applicable law will prevail.

In these Articles of Association, the masculine gender is used for convenience purposes only, and this use also refers to the feminine gender and/or to the plural form.

Let us be clear about the relationship between us. If you use the website and/or purchase on it, it does not mean that there is any legal relationship between the Company and the website user. GEMS’ terms of use do not create relations of partnership, agencies, joint venture and employment between the Company and the user.

4. USER'S DECLARATION

Each user declares, agrees and undertakes to comply with all the following conditions:

The user’s declaration. A user who registers to the website as a business and/or represents a business declares and undertakes that it is authorized to take this action and in general - all actions - on the website on behalf of the business.

Honor intellectual property rights. Do not transfer, gather or use contents and/or details and/or any other information found on the website, whether the aforementioned information belongs to GEMS or to a third party.

Honor the website users. Do not upload to the website illegal contents or images that present violence, discrimination, contents that offends a third party, pornographic or sexual contents, contents that include slander, thuggery, harassment, abuse, threats, impersonating or intimidating people or entities, private or confidential information. The Company may immediately terminate the use of a user who violates the aforementioned and/or prevent him from making any use of the website in the future.

Use the site for legal purposes only. Do not use the website for any purpose that is illegal, offensive or destructive which will interfere with, disrupt, change, destroy, damage, limit, sabotage or in any other way affect the proper operation of the website in any way whatsoever, including and without limitation, viruses, worms, Trojan horses, spyware, malware or any other destructive or disruptive means or technology. The user may only use the services of the website for legal purposes.

Do not offer to buy or sell outside the GEMS website. Buyers and sellers can also not share contact information upon completing the transaction on the page that addresses the consumer and/or the seller on the website whose purpose is an off-site purchase. This type of action exposes the parties to the risk of defrauding the website and the parties are not covered under the protection given thereto on the website.

Prohibited actions between the seller and the buyer:

Engaging in actions between users whose purpose is to complete a transaction outside the GEMS website;
Sharing information for the purpose of completing a transaction and/or a sale outside the GEMS website (except for essential information required for carrying out the transaction on the website);
Promoting the shop or the shop’s website which a user can reach through GEMS;
Using details obtained on the website for the purpose of carrying out a an off-site transaction;
Registering an item which mentions or refers to its off-site purchase;

If you do not use the website or purchase on it according to the Articles of Association - GEMS will not be responsible therefor! If you do not use the website or purchase on it according to these Articles of Association which will cause the user and/or a third party damage which is direct, indirect, consequential or special including loss of income and/or the prevention of profit caused for any reason whatsoever which will not be under the Company’s responsibility, the Company is not directly or indirectly responsible to each of the aforementioned.

5. Registration to the website and how to carry out the purchase

The use of the website is only allowed from the age of 18 and over. Filling out false details is a violation of these Articles of Association.

Enter your details and save time. Prior to the purchase on the website, you are required to fill out an order form with the customer’s details and the payment methods. While registering to the website and opening a personal account, you will be required to enter details which the website will use for your orders. If you enter the details during the registration, it will save you time, and it will make the purchasing process more simple and convenient.

You are responsible for your account. Only the user is responsible for maintaining his account, the payment details therein and his privacy.

Tell us the truth. In order to guarantee that the order is placed rapidly, effectively and smoothly, make sure that you deliver all the details correctly and accurately. Only the customer is responsible for entering the details. The website will not be responsible for incorrect details that were entered.

Purchasing on the website as a registered user and as a visitor. Entering the required details in the order form on the website is a prerequisite for the carrying the purchase out on the website. The user may choose whether to execute the purchase on the website as a registered user or as a visitor.

Approval of an order, approval of a transaction – who is approving? The purchase on the website will be carried out subject to the approval of the transaction by the credit company or the relevant payment provider, whichever relevant. The notification of the approval of the order will be sent to the customer’s e-mailbox after the order was placed.

The product ran out of stock and an order was placed – what happens? In order to avoid any doubt, the fact that the user is charged and/or the order confirmation was sent does not confirm that the product exists in stock and/or that the Company or the shop is obligated to supply the product. In such a case, the account of the customer will not be credited for the transaction.

No order confirmation was received? Let us know. If the order confirmation and/or the document of the transaction details were for any reason whatsoever not delivered to and/or received by the user as mentioned above, the user will immediately act to notify the Company about it.

Payment details on the GEMS website. GEMS makes its utmost efforts to improve the experience of all the website users. We honor payments through the following:

Only credit cards that were issued in Israel.
The use of any of the payment methods that we honor in Gems is subject to the terms of use of the various companies and to the approval of the credit company and/or the defrayer.

6. SUPPLY AND TRANSPORTATION OF THE PRODUCTS

Pick-up by the customer. The customer may select an option to pick the product up by himself during the placement of the order (if such an option exists with respect to the product that he purchased) without being charged for delivery fees. In the case of a pickup by the customer, no warranty will be given for damages and/or defects that were caused as a result of the customer’s pickup.

Pay in advance and get a fast door-to-door delivery! GEMS will act to deliver the product to the user subject to receiving the full payment therefor. The Company will make sure that the product that was purchased on the website is supplied to the address that was provided by the user while meeting the specified delivery date, unless explicitly stated otherwise and/or excluding the delays that are mentioned below.

Business days. The delivery times of the products and/or the services as stated here and/or on the website only include “business days”, i.e., weekdays, from Sunday to Thursday, and they do not include Fridays and Saturdays, holiday eves and holidays (Chol Hamoed - intermediate days of certain Jewish holidays). A business day ends at 6:00 p.m.

The shop is responsible for the shop’s personal delivery service. In any case in which a shop on the website offers a personal delivery service, the supply of the products and their delivery will be as agreed between the shop and the user. The Company and/or the website will not be responsible for those.

Delivery to locations excluded from the areas of the shipment companies. The deliveries will be carried out to areas to which the shipment companies arrive, according to the delivery method that was selected by the user during the placement of the order and subject to the policy of the shipment companies.

Access-restricted areas. In areas which are restricted for access as far as the shipment companies are concerned, the Company and/or the shipment companies may deliver the shipment to the user in a location which is nearby and accepted – only by appointment. Without derogating from the aforesaid, during the placement of the order, the user must make sure that the package can be delivered to the requested address.

A product that ran out of stock. GEMS makes it utmost efforts to make sure that all the shops on the website manage their stock in an online and immediate manner, but in order to avoid any doubt, it is clarified that the shop will not be obligated to sell the product, and the user will have no allegation and/or claim in this matter on account of any type of direct and/or indirect damage which was caused thereto and/or to a third party – subject to the fact that the shop will reimburse the user with any amount that it paid, if it indeed paid it, and it will cancel the charge, if it was carried out. It will be clarified that GEMS will not be responsible for all of the above. The Company will send an e-mail to the user, in which it will provide an update about the shortages in the stock, and the user will not be charged for the missing items.

If you received a product, examine it. The user will examine the product immediately upon receiving it, and it will notify the Company if the product that was received is damaged or fundamentally different from the parameters that appear on the order confirmation page and in the details of the product’s proper disclosure on the website, and if all the markings that must be on the piece of jewelry are actually there (compliance with the Gold and Diamond Standard).

In order to avoid any doubt, it will be stated that the parameters which are required for every product that was purchased are those stated on the proper disclosure form of every product.

7. CANCELLATION OF THE TRANSACTION BY THE USER

Only the ordering user may cancel the transaction in writing subject to and pursuant to the provisions of the Consumer Protection Law – 1981 as well as the regulations by virtue thereof and subject to the cancellation terms on the website or in the relevant shop.

A refund will be given pursuant to the provisions of the Consumer Protection Law and according to the payment methods through which the transaction was carried out. A refund to the credit card will only be given to the credict card through which the purchase was paid and according to the timetables and the terms of the credit company. As far as the user paid delivery fees, they will not be refunded upon the cancellation of the transaction.
In any event in which the consumer requests to cancel the transaction pursuant to the Consumer Protection Law during the period that preceded the transfer of the payment to the jeweler - the consumer will first contact GEMS, so that his request will be checked and examined. GEMS’ decision about the consumer’s request will be checked after weighting the allegations of the consumer and the jeweler and its decision will bind both parties.
After the period that is mentioned in the Consumer Protection Law and after the payment was issued to the jeweler, every request and/or allegation and/or warranty will be forwarded to the jeweler.
Products with a gemological certificate – it is hereby clarified that a product with which a gemological certificate was provided on behalf of any licensed laboratory - whether the product was examined on behalf of the seller or the buyer – they buyer will have no allegation against the website and/or anyone on its behalf for its examination in another licensed laboratory and the authority of such an examination will not constitute any evidence and/or allegation in this matter.
How to cancel a transaction? A user's request to cancel a transaction will be carried out by contacting the Company's customer service through a designated form or via email in which the user will specify his details, the details of the order he wishes to cancel, the reason for the cancellation of the transaction and the payment methods through which it was carried out.
When is it possible to cancel a transaction? A user may cancel the transaction and receive a refund from the date on which the transaction was carried out to the date on which the order was received, or from the date on which a document with the details of the transaction was received as required by law, whichever later.
If it is a senior citizen, a physically-challenged person or a new immigrant, the transaction can be canceled within a time frame of 4 months from the date of the implementation of the transaction or the delivery of the piece of jewelry (whichever later). The shop / website may request a certificate which proves it as required by law and as the case may be.
What are the types of transaction cancellations?

Transaction cancellations without cancellation fees

Discrepancy - a user who requests to cancel the transaction due to a defect in the product, a discrepancy between the product that was received and the product that was described in the proper disclosure form or another contractual violation. Even if the package of the product has already been opened, the seller will reimburse the user within 14 days from the day on which the cancellation notice was received and will make sure that the product is returned from his home on account of the consumer without charging cancellation fees.

In any event in which a user claims “discrepancy” about a product that was provided thereto, he must prove that there indeed is a discrepancy between the ordered product and the supplied product.

This claim is not the Company’s justification or approval of the transaction cancellation without receiving an explicit proof for the alleged discrepancy.

Transaction cancellations without cancellation fees

In the event of a cancellation which is not a result of a discrepancy as defined below, that part of the transaction price that was paid by the user will be reimbursed within 14 days from the date on which the cancellation notice was received. It will cancel the debit due to the transaction; it will provide a copy of the cancellation notice of the debit; and it will collect cancellation fees which will not exceed 5% of the price of the product or the service which is the subject of the contract or the transaction, or NIS 100, whichever lower. In this case, the user will return the product to the seller on his account.

Special cases in which it is impossible to cancel a transaction

Special products according to the law. The right to cancel the transaction will not apply to products which are specified in the law, to products that do not correspond with the details of the order confirmation and to pieces of jewelry that were personally assembled.

No refunds on gifts. No refund will be given for items for which no financial consideration has been paid, such as gifts.

A consumer has no right to cancel a transaction in order to infringe GEMS’ right to claim its damages if products whose value declined as a result of significant worsening in their condition while they were in the consumer’s possession are returned, excluding if a product which was used, whose package was opened or damaged, which was damaged, harmed and/or received any blow whatsoever was returned.

The shop will be subject to the Company’s decisions about the return of products, and it will be obligated to realize its decisions with respect thereto.

Chargeback. A 3D Secure service is operated in the GEMS’ website which will result in a situation in which buyers on the website undergo an additional verification process after entering their credit details. This process ensures that the buyers will not be able to file chargebacks while claiming that the card was not used by them and/or that they did not carry out the transaction. * It will be possible to file chargebacks with respect to issues that relate to the failure of the consideration of the product as defined in the Consumer Protection Law.

8. CANCELLATION OF THE TRANSACTION BY THE SHOP/OR THE WEBSITE

The Company may cancel a transaction or a sale, in its entirety or in part thereof, in the following cases:

Violation of the website's terms of use. As far as any of the paragraphs of these Articles of Association and/or of any binding document and/or any of the terms of a service that was offered by the website was violated - at the Company's discretion.

Incorrect details were entered. If it turns out that the user entered incorrect details while registering to the website and/or while placing the order. The Company is not responsible if the seller and/or the buyer entered incorrect details and if any malfunctions occurred as a result thereof, and it will also not bear any expense that is related thereto.

Illegal use of the website. If an action or an omission was carried out which may detrimentally affect the website and/or any third parties, including customers, employees and the suppliers of the website. If the use of the website allows and/or encourages and/or helps to take an action that is considered illegal according to the laws of the State of Israel.

Wholesale purchase. If there is concern that the purchase is carried out as part of a wholesale purchase and/or for a resale of the buyer or of anyone on his behalf.

Financial debt. When the user owes a financial debt to the website and/or to the seller and the deadline for its payment has already passed.

Concern about the consideration for the purchase. When the Company expresses a concern that the consideration for the purchase will not be received and/or that the user’s credit card was blocked and/or was restricted for use in any way whatsoever and/or has not been approved by the bank and/or the credit company for any reason whatsoever - subject to the conditions of the bank and the credit company, respectively.

Error and/or malfunction. If any error has been made - including a human error and/or a typographical error and/or a malfunction in communication and/or another technical malfunction - which garbled the price of the product and/or the item’s description on the website and/or in the delivery of the product delivery.

Cases beyond our control. In the case of a hindrance and/or a delay as a result of force majeure, such as - but without derogating from the generality of the aforesaid – an act of war, hostility, terrorism, cyber sabotage, intentional or unintentional malfunction on the shop’s website, strikes and closures, unusual natural events, malfunctions in the clearing of the credit cards and any other reason which is not the result of an action or an omission by the website.

A product that ran out of stock. If the product ran out of stock after or before a sale was carried out and the aforementioned order was canceled, the website will not be responsible and will not bear any damage that was caused to the user and/or to a third party, including but not limited to damage due to the purchase of the product at a higher price from a third party.

In each of the following cases, the user will not be refunded for shipment fees, and the Company may be paid by the user for its damages as far as they occurred in light of the aforesaid.

A notice about the cancellation of the transaction. The notice of the cancellation of the sale will be forwarded to the user via e-mail and/or in writing to the address that the user stated while registering for the purchase. In this case, the order will be canceled, and the Company will not charge the user's credit card (even if the credit card was not charged at the time of the cancellation notice) or it will refund the user for any amount that was paid on account of the product, as far as it was paid. Excluding for the reimbursement of the aforementioned transaction amount, the user will have no allegation, claim and/or demand of any kind and type whatsoever against the Company for the cancellation of the transaction as stated in this paragraph.

Without derogating from the aforesaid, the Company may - at its sole discretion - not confirm an order for additional reasons.

9. MAILINGS

Signing up for mailings by registering to the website. An option for signing up for the website's official mailings is offered while registering to the website.

Removal from the mailing list. A user, who wishes to be removed from the mailing list after he was registered, can easily do so through a link on the website or at the bottom of the received e-mail or in writing to the Company's customer service via e-mail at support@gemsonline.co.il.

Reminders, so that you do not miss your order. The Company reserves the right to send to the user a reminder about the shopping cart for which the order has not yet been completed by sending an email to the address that was entered by the user.

GEMS operational alerts. If a message of an order confirmation and general messages are in any way whatsoever sent through the website, including an e-mail and/or an SMS and/or messages which are sent as part of the operation of the website and/or as part of providing a service to the website users - such as sending a reminder for completing an order as defined above, etc. - it is not considered not a "promotional message", and the user hereby approves that the website may send such messages.

10. WARRANTY AND INTELLECTUAL PROPERTY

GEMS owns the intellectual property rights on the website, excluding the contents that is owned by any third party whatsoever.

GEMS reserves the right to disable any registration, shop or account that in its opinion violates its terms of use, including this policy of intellectual property or its policy of prohibited items. The Company also reserves the right to take action against violators of its policy of intellectual property or its terms of use.

The sellers must make sure that they have all the rights which are required for their content, and that they do not infringe or violate the rights of a third party by posting it.

GEMS tries to respond rapidly when it receives a notification about the violation of intellectual property by removing or disabling access to the allegedly violating material - until the response of the allegedly violating party is received and until the investigation of the disagreement between the parties is completed.

The Company will provide the details of the notification and the contact details that were received from the reporting party to the party against which the alleged notification about the violation was received.

The Company may request from the reporting party and from the allegedly violating party documentation and/or evidence about the defendant's right. The Company may reject notifications or counter-notifications as far as it believes that their content is false, fraudulent, incomplete, inaccurate or was provided in bad faith.

According to the Company's decision whether to allow the seller whose shop was closed by the Company due to non-compliance with one of the terms of use and/or the Articles of Association and/or the relevant laws to reopen the shop on the website and/or to open a new shop. The Company's decision in such a situation also applies to a user who violated one of the above and/or does not comply with one of these terms, and the Company reserves the right to terminate the permissions of the account at any time, for any reason whatsoever and without an advance notice.

The Company reserves the right to take steps against the violators of the policy of the intellectual property and the terms of use of the website and the Company.

Breach. The company makes every possible effort to maintain the website and the privacy of the data appearing on the website. In any case of a breach of the website and/or the servers on which the website is hosted, the responsibility for the information appearing on it will be the responsibility of the company that hosts the company's servers, and the company shall not be held responsible for such breaches.

Messages between the seller and the buyer. For the purpose of monitoring, improving, and enhancing the operation and service on the website, the company will have access to the content of the messages exchanged between the seller and the buyer on the website, and it will be stored in the company's databases at the discretion of the company.

11. CUSTOMER SERVICE

Our ravely-reviewed Customer Service team is available for you for any question

Call Us

03-3034800 ,10:00-14:00

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058-4014328 ,10:00-17:00

EMAIL US

24/7, info@gemsonline.co.il