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Terms of Service

I. INTRODUCTION

www.moderngemjewelry.com (“we,” “us,” or “our”) welcomes you.  

We offer you access to our product and services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

II. DEFINITIONS

  • Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
  • Product” or “Item” refers to the product or good available for sale on the website.
  • User”, “You” and “your” denotes to the person who is accessing for taking any service from us;
  • Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
  • We”, “us”, “our” and “Company” are references to MODERN GEM JEWELRY;
  • Website” shall mean and include "https://moderngemjewelry.com, and any successor Website of the Company or any of its affiliates;
  • "Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered on the website;
III.         INTERPRETATION
  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV.        INTRODUCTION AND SCOPE
  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
  • Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
  • Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
V.           SERVICES

At www.moderngemjewelry.com, we strive to be different. We know life is full on, and we know you want to take proper care of your appearance.

We provide you unique custom jewelry. All our designs are exclusively made at our very own workshop.

With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.

 

We are offering the best prices for various products with a simple and easy shopping experience. We are providing a wide variety of products under various categories.

VI.        MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to its Website.

VII.      ACCOUNT

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide in relation to establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VIII.    USER CONTENT
  1. Content Responsibility.

The website permits you to post comments, feedback etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
  • uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

IX.         ORDERING
  • All the purchases from this website shall be governed by our terms and conditions.
  • If you make an Order for buying any product from our website. At the time ordering, while providing your details it is your duty to be careful and warrant that the details provided are true and accurate.
  • Payment mode shall be:
    • Online: Credit Cards and Debit cards;
    • PayPal
  • The Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
  • Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
  • If there is any error in the order confirmation, please contact us immediately by email to support@moderngemjewelry.com.
  • We may refuse or unable to process your order if:
    • Your card or PayPal account does not give authorization for the payment of purchase price.
    • You do not meet the eligibility to order criteria set out above.
  • ·You must notify us instantly if any particulars are inappropriate.
  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
  • Refund shall be made as per our Return and Refund policy.
  • We take customer feedback very seriously and use it to constantly improve our products and quality of service.
X.           DAMAGED PRODUCT

When the product is incorrect from the one that the customer ordered or when the item is damaged, the customer has to send photos or a video within 48 hours after delivery that shows the item is incorrect or DOA (Dead On Arrival).

In this case, we will reship a new item and the customer shall return the product as per our return policy.

We will ask the customer to send the product back to our factory (full address will be provided to the customer via email) within 30 days of delivery. The customer shall be held responsible for all the shipping fees.

  • The customer must ensure to return the item with its original packaging and all accessories in the same condition as received.
  • All customers must contact Moderngemjewelry.com for approval before sending or returning any item to us.
  • Moderngemjewelry.com will not be responsible for the returned item without prior notification to Moderngemjewelry.com.

Note: Moderngemjewelry.com reserves the right of any changes to the return policy. Any changes will be updated on our website.

EXCEPTION:

The right of return/withdrawal does not apply to: 

  • Custom made product, which has been specially tailored for you or has a clear personal touch to your wishes.
XI.         GENERAL CONDITIONS
  • At moderngemjewelry.com, we make every attempt to ensure that our online catalogue is as complete and accurate as possible. In order to give you the opportunity to view our products in detailed precision, some products may appear larger or smaller than their actual size in our product photos. The colour and size may vary slightly and since every computer monitor is set differently. Photographs are for illustration only. Actual products may vary slightly.
  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
  • We make material changes to these terms and conditions time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
  • We reserve the right for any printing errors on this site as well as final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality and resolution. We always try our best to expose the products as accurately as possible.
XII.      LIMITED GUARANTEE

By this Website:

  • We provide an opportunity for you to avail the offered Products and Services from our Website.
  • We do not provide any warranty or guarantee that the products and Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.
XIII.    GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

XIV.   USER RESPONSIBILITIES
  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
  • You shall not use or access the Website for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
  • You will not use any device, scraper or any automated thing to access the Website for any means without taking permission.
  • You will inform us about anything is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   
  • You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
  • You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XV.      COPYRIGHT INFRINGEMENT

If you have an intellectual property rights-related complaint about material posted on the website, you may contact our Designated Agent using the information below.

www.moderngemjewelry.com

ATTN: Legal Department (Copyright Notification)

Email: support@moderngemjewelry.com

Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:

  • ·      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • ·      a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • ·      a description of the material that you claim is infringing and where it is located on the Website;
  • ·      your address, telephone number, and email address;
  • ·      a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • ·      a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XVI.   EXCLUSION OF LIABILITY

We accept no responsibility for delays / errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.moderngemjewelry.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall MODERN GEM JEWELRY, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

XVII. NO RESPONSIBILITY

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorised access or loss of personal information that is beyond our control.
XVIII.           THIRD PARTY LINKS AND CONTENT

Moderngemjewelry.com may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  

Moderngemjewelry.com does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.

Moderngemjewelry.com does not monitor or have any control over any Third Party Content or third party Websites. Moderngemjewelry.com does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness.

Moderngemjewelry.com may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information.

Users use these links and Third Party Content contained therein at their own risk.

XIX.    PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

XX.      ERRORS, INACCURACIES AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

Pricing on our site

While we make every attempt to avoid these errors, they may occur such as data, product and service prices, may be inaccurately displayed on our website due to system or typing errors. We reserve the right to not honour inaccurate or erroneous prices and correct all errors when they do occur.

XXI.    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

XXII. COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

XXIII.           INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXIV.           MISCELLANEOUS
SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the Hong Kong Law without giving effect to any principles of conflicts of law. The Hong Kong Courts shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at support@moderngemjewelry.com 

 

DISCLAIMER

This Disclaimer forms part of, and must be read in conjunction with, app Terms and Conditions. We reserve the right to change this Disclaimer at any time.

The information contained in this website is for general information purposes only. The information is provided by Moderngemjewelry.com (“MODERN GEM JEWELRY” or “we”).

At www.moderngemjewelry.com, we strive to be different. We know life is full on, and we know you want to take proper care of your appearance.

We provide you unique custom jewelry. All our designs are exclusively made at our very own workshop.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Moderngemjewelry.com Website including loss of data or information or any kind of financial or physical loss or damage.

We take no responsibility for any indirect damage that may result from the product.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or
  • any losses you suffer because you cannot use our website at any time; or
  • any errors in or omissions from our website; or
  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
  • any unauthorised access or loss of personal information that is beyond our control.

 

General:

The website, its content and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content or its service are free of computer viruses or similar contamination or destructive features. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

 

  1. No warranties.

We specifically (but without limitation) disclaim

  1. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
  2. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

 

  1. No guarantee of accuracy.

We do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

 

  1. No warranties regarding third parties. We make no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party.

 

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at support@moderngemjewelry.com.

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