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TERMS OF USE
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.
"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;
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.
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
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