Terms & Conditions

TERMS OF USE OF THE WEBSITE

These terms and conditions (together with the documents referred to on it) tell you the terms and conditions on which you may make use of our website www.gemprive.com (the “Website”). Please read these terms and conditions carefully before you begin to use our Website. By using our Website, you indicate that you understand and accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our Website.

INFORMATION ABOUT US

www.gemprive.com is a website operated by Gem Prive as a trading name under London Bird Limited (Company number 7052771) whose registered office is at 16 Elgin Crescent, London, W11 2JR. Our VAT number is: 974 0263 17.

  1. ACCESS

Access to our Website is granted on a temporary basis, and we reserve the right to withdraw, modify or otherwise alter the services we provide without prior notice. We will not be held liable if for any reason our Website is unavailable at any time or for any period.

From time to time, we may restrict access to our Website, in part or whole.

At any time, we may disable any password or other customer user code issued by us if you have neglected to comply with the terms and conditions herein. In addition, any such password must be kept in confidence and is not to be shared with a third party. You are also responsible for other parties you permit to access our Website through your computer and/or Internet connection.

  1. AMENDMENTS

Gem Privé reserves the right, to change, amend, revise, or delete sections of these Terms and Conditions at any time. These changes will be posted on our Website on this page, and any other place on the Website that we deem appropriate. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website will be interpreted to mean that you agree to the changes regardless of whether or not you actually reviewed them. Changes will not apply to orders that have already been processed unless required by law.

  1. MODIFICATION AND TERMINATION

Gem Privé maintains the right to:
a. change or discontinue any vouchers or coupons at any time with notice and you confirm that Gem Privé shall not be liable for any such change or discontinuation;
b. to revise, suspend or remove the Website in part or whole and any applicable policies or terms; for any reason and without notice;
c. to interrupt the operation of the Website, or any portion thereof, as necessary to perform maintenance, error correction, or other changes.
d. change, remove, or discontinue any Design, product, service, or promotion, including, change any price, on the Website without prior notification and shall not be liable for any such change or removal. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change. Gem Privé shall not be liable for any change, discontinuation, modification, suspension, termination or revision of the Website.

  1. RIGHT OF RETURN AND REFUND

Pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”), you may have the right to cancel your contract during the period set out below. We advise that you consult with your solicitor, local Trading Standards office or Citizens’ Advice Bureau if you have questions.

Please note that the right to cancellation is not applicable in the following cases:

  • bespoke, customized, monogrammed or similarly personalised products;
  • periodicals (including newspapers or magazines);
  • food and drink, plants, flowers or any other perishable items;
  • any item which arrived sealed, and said seal has now been broken by you, including, but not limited to, software and DVDs

Because the products are printed with a bespoke logo or design, they fall within the definition of personalised products as defined by the Regulations at paragraph 13(1)(c). As a result there is no right to cancel the contract should the product not meet your satisfaction. However, you do maintain the right to cancel a contract before the campaign ends. Further, nothing in these Terms and Conditions impact your statutory rights and remedies.

If a contract has yet to be formed but you have received a confirmation of your order, you may cancel that order by sending an email to Customer Service and stating that you wish to do so. Should you receive the order and find them to faulty or not as described you may return them to us and we will refund the price of the faulty product in full, as well as delivery charges, in addition to any reasonable charges incurred by you in the process of returning the item to us (standard shipping). However, in no event shall the cost of the return shipping be greater than the value of the product being returned. You must also attach the receipt indicating the cost of the shipping expenses in order to be reimbursed. You will be refunded via the same method by which you purchased the product. For additional details regarding your legal right to cancel an order and for further instructions on the necessary steps, you may refer to the Order Acceptance.

  1. DELIVERY (INCLUDING INTERNATIONAL ORDERS)

Details of fulfilment and the approximate date of delivery can be found in the Order Acceptance. In the case of an event outside of our control such that we are unable to meet the anticipated date of delivery, we will contact you with a revised expected date of delivery. Delivery is complete when the products are delivered to the address that we were given. When delivery is complete, the products become your responsibility. Upon receipt of payment in full (including any delivery charges), you own the Products.

International delivery is available to all locations listed on our Help page. International deliveries may be subject to import duties and taxes at point of entry, over which we have no control. Please be aware that we are unable to predict the amount, and note that Gem Privé is not responsible for the payment of any such import duties and taxes. We advise you to contact the local relevant authorities for additional information regarding any such import duties and taxes in advance of placing your order. Compliance with all local laws and regulations is required. Gem Privé shall not be held liable in any way should a customer be in violation of local law or regulation.

  1. PRICES OF PRODUCTS (INCLUDING DELIVERY CHARGES)

Prices of products shall be as quoted on the Website at the time the customer places the order. Gem Privé will endeavour to make all reasonable efforts that accurate information is maintained at the time of entry onto the system. We reserve the right to modify, change or alter our prices for our products, however, we shall always honour the price issued on a confirmed Order Acceptance. Please note that the charges for delivery is not included, but rather is in addition to, the price of the product. Refer to our Website to see the current delivery fees. They can be found on our Help page.

  1. METHODS OF PAYMENT

You may pay for products using a credit card, debit card or via PayPal. We accept Visa, MasterCard and American Express. We require advance payment for products and delivery, and we will charge your credit card, debit card or PayPal account when the campaign reaches its goal.

  1. INTELLECTUAL PROPERTY

The content of our Website, other than certain exceptions defined below (“Excepted Content”), including the text, graphics, illustrations, photos and similar created by and for Gem Privé and interactive features (collectively “Protected Content”) and the related copyrights, trademarks, logos and other intellectual property rights contained therein (“IP”), are owned by or licensed to Gem Privé pursuant to intellectual property rights. Protected Content on the Website is provided to you on an “AS IS“ basis for your information and personal use only without any representations or warranties being made by Gem Privé regarding the Protected Content.

You agree to not engage in the duplication, display, exhibit, license, transmission, production, sale, broadcast, distribution or any other similar use of any kind at any time of either Protected Content or Excepted Content (as defined below) without our express written prior permission and the express written prior permission of the relevant third parties as deemed by us. You may, for personal use only, print a copy of Protected Content or download Protected Content for personal use. Gem Privé expressly reserves all rights not specifically granted in and to the Website and the Protected Content contained therein.

You agree not to manipulate, disable, compromise, circumvent or otherwise disrupt the security related features or features that prohibit or restrict use or copying of any Protected Content or enforce limitations on the use of the Website or the Protected Content therein.

  1. EXCEPTED CONTENT

You agree not to use the Website to create, produce, design, promote, advertise, or sell Excepted Content that is illegal, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, pornographic, vulgar, obscene, bullying, libellous, invasive of another’s privacy, hate speech, objectionable racially or ethnically, or otherwise inappropriate.

By including illustrations, photographs, graphics, artworks and/or designs, that are subject to trademark, copyright or intellectual property rights of third parties, you warrant and represent that you have the full prior written authorisation and permission of the owner, and agree to limit your use thereof in accordance with any conditions, limitations or restrictions levied by those third parties.

By including images, illustrations, photographs, graphics, artworks and/or designs, you are providing a representation and warranty that you are either the owner, or, you have obtained the full prior written authorisation and permission of the owner for their utilisation by their owners. In addition, you are providing a representation and warranty that no part of the images, illustrations, photographs, graphics artworks and/or designs is at risk of infringing on a third party’s trademark, copyright, or any other intellectual property rights or, where relevant, that you have full prior written authorisation and permission of the legal owner to utilise the features of their images, illustrations, photographs, graphics, artworks and/or designs which may be limited by such trademark, copyright or other intellectual property rights.

You represent and warrant that any particulars in your campaign regarding the title and description do not infringe upon the rights of any third party  and that any description and information does not contain any omissions,, is accurate and is not misleading. Please note that you are prohibited from making any forward-looking statements with regard to the outcomes of any campaign.

If a third party asserts that any content infringes on their trademark, copyright or any other intellectual property rights related to your campaign, you agree to cooperate fully with Gem Privé to resolve the issue to the complete satisfaction, of Gem Privé, as determined solely by us. Further, Gem Privé maintains the right to share your contact details with the complaining party. You understand and agree that it is your sole responsibility to resolve any dispute and that you are wholly responsible for any fees, losses, damages, lawsuits (criminal or civil) and other costs in connection with said dispute or claims or derivative claims thereof and without limitation which are due to your infringement of the copyright, trademark or intellectual property rights of a third party or in any other circumstances wherein you have breached any of these Terms and Conditions. You hereby agree to defend, indemnify and hold harmless Gem Privé and any parent, subsidiary, affiliate, director, officer, employee, shareholder, licensor, distributor, supplier, agent, reseller, owner, or operator thereof from and against any and all claims, suits damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, that are a result of your infringement of third party trademark, copyright or any other intellectual property rights. However, this does not in any way limit Gem Privé from asserting its own legal rights against you.

We maintain the right to reject, suspend or cancel any campaign at any time that we, in our absolute discretion, believe violates any of these Terms and Conditions and/or we may withhold any sums otherwise due in association with said campaign.

  1. INTELLECTUAL PROPERTY GRIEVANCES

In your use of the Website, you may not post, change, alter, modify, amend, duplicate, distribute, or reproduce any Excepted Content that belongs to others without their express prior written consent. For the avoidance of doubt, this includes Design submissions. Gem Privé reserves the right to remove without prior notice any Excepted Content, which we believe in our sole discretion, may infringe upon the intellectual property rights of other users or Gem Privé. We also reserve the right to suspend or terminate without prior notice the account of any user who we believe in our sole discretion is infringing upon the intellectual property rights of others or Gem Privé.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, please send us a notice in writing as soon as practicable. The notice should include the following:

  • A signature of a person authorised to act on your behalf (or on behalf of the owner of the right of the work that is allegedly infringed).
  • Identification of the work allegedly infringed, or, if multiple works, a representative list of such works and the address of the website where they are located (if all such works are on one website).
  • Identification of the allegedly infringing work or information reasonably sufficient to assist location of the content, preferably the website address where the work is located.
  • Information to contact the complaining party, such as an address, telephone number and email address.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Note that you may want to consult with your solicitor in preparing the information above.

 

The notice should be sent to our designated agent as follows:

Intellectual Property Grievances
Gem Privé

London Bird Ltd

16 Elgin Crescent

London

W11 2JR
info@gemprivé.com

  1. RULES OF CONDUCT

The following rules of conduct apply to your use of the Website and to any and all materials, including Excepted Content, on the Website:

  1. a) You will not, in connection with the Website:
  • transmit, upload, post, submit or email any Excepted Content that is libellous or defamatory, pornographic, racially or ethnically offensive, hate speech, vulgar, profane, excessively violent, harassing, threatening, harmful, abusive, sexually explicit, illegal or plagiarized;
  • infringe or violate any intellectual property law, whether it patent, copyright, trademark or other intellectual property right;
  • breach any contractual duty of confidentiality or any fiduciary duty, regardless of the basis of such duty, including, but not limited to, nondisclosure agreements, employment agreements or similar
  • post, transmit, upload, email or otherwise submit material and/or Excepted Content that may constitute a breach of any person’s privacy or publicity rights
  • violate or encourage others to violate any applicable law, statute, ordinance, court order, decree or regulation;
  • promote, transmit, email, submit or upload software or services that deliver unsolicited e-mail to other users or Gem Privé and/or contain viruses, Trojan horses any other similar harmful programming routines.
  1. b) You may not, except with Gem Privé’s express and advance written authorization, use the Website to:
  • upload, post, email, submit or otherwise transmit any Excepted Content that provides any personal data; or
  • engage in commercial activities or commercial solicitation within the Website;
  • solicit personal data from anyone under the age of 18;
  • provide false, misleading, untrue or deceptive information;
  • delete, add, revise, modify, alter or otherwise change other people’s entries or other Excepted Content or
  • allow usage by others in such a way as to violate these Terms and Conditions.

 

  1. DESIGN SUBMISSIONS

 

You alone are responsible for your own Excepted Content and the consequences of posting, submitting, uploading or publishing them on the Website. You retain all of your ownership rights in your Excepted Content. However, by submitting the Excepted Content to the Website you grant Gem Privé a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Excepted Content in connection with the Website and Gem Privé’s (and its successors’) business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The above license granted by you terminates once you remove or delete an Excepted Content from the Website.

13.. USE OF THE WEBSITE

You agree not to use “robots”, “spiders”, or similar automated programs or devices that in any way can send more request messages to the Website servers than a human using a conventional web browser can in that same period of time. However, Gem Privé maintains that public search engines may use spiders and/or robots or similar automated programs or devices for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. In its sole discretion, Gem Privé reserves the right to withdraw these permissions.

You agree not to use, distribute or collect anyone’s personal data including but not limited to their names, addresses, emails, account information or Excepted Content from the Website. In addition, you agree and understand that you shall not use the systems available on the Website for any commercial solicitation purposes. You also agree that you will not alter, amend, edit, revise, modify or otherwise change any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

  1. TERMINATION

At any time, and without prior notice, Gem Privé may immediately suspend or terminate your Gem Privé account and access to the Website in whole or in part and any other Gem Privé services or products. Cause for such suspension or termination shall include: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines; (b) requests by law enforcement, government agencies, court order or other decree; (c) a request from you as a part of a self-initiated account termination; (d) discontinuance or material modification to the Website in whole or in part; (e) technical or security issues; (f) extended periods of inactivity by you; (g) your participation in illegal, illicit or fraudulent activities; and/or (h) non-payment of any debts owed by you in connection to Gem Privé.

Suspension or termination of your Gem Privé account may include all or some of the following: (a) removal of your access to some or all pages within the Website; (b) deletion of your password and some or all user related information, files and materials, including Excepted Content associated with your account; and (c) lack of access to future use of the Website.

All suspensions and terminations for cause shall be made in Gem Privé’s sole discretion and Gem Privé shall not be held liable to you or any third party for any termination or suspension of your account, or access to the Website.

15.. DISCLAIMER

You understand and agree that your use of the Website shall be at your sole risk. Gem Privé, and any parent, subsidiary, affiliate, director, officer, employee, shareholder, licensor, distributor, supplier, agent, reseller, owner, or operator of Gem Privé disclaim all representations and warranties, express or implied, in connection with the Website and your use thereof. Gem Privé makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to, or associated with, this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, reliance on, and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption, suspense or termination of transmission to or from the Website, (iv) any bugs, viruses, Trojan horses, or the like which may be emailed to or from, downloaded to or from, or, transmitted to or through, the Website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, submitted, transmitted, or otherwise made available via the Website. Gem Privé does not warrant, promise, represent, assure, endorse, guarantee, or assume responsibility for any hyperlinked Website or other promotion, and Gem Privé will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Gem Privé or through or from the service shall create any guarantee, representation or warranty not expressly stated in the terms and conditions. As with the purchase of any product or service, you should use your best judgment and exercise caution.

  1. LIMITATION OF LIABILITY

In no event shall Gem Privé, or any parent, subsidiary, affiliate, director, officer, employee, shareholder, licensor, distributor, supplier, agent, reseller, owner, or operator of the Website, be liable to you, as a result your access to, and use of, our Website for any (i) direct, indirect, incidental, special, punitive, or consequential damages whatsoever, (ii) personal injury or property damage, of any nature whatsoever, (iii) errors, mistakes, or inaccuracies of content, (iv) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (v) any interruption or cessation of transmission to or from our Website, (vi) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through, uploaded to or downloaded from, or, emailed to or from, our Website by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Gem Privé shall not be held liable for user submissions or for any defamatory, libellous, inappropriate, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled, operated and offered by Gem Privé from within the United Kingdom. Gem Privé makes no representations or warranties that the Website is appropriate or available for use in other locations. Those who access or use, or attempt to access or use, the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. WAIVER

A waiver of any term of these Terms and Conditions shall not be deemed a further or continuing waiver of such term or any other term, and Gem Privé’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of, associated with or related to, the Website must commence within one (1) year after the cause of action arises. Upon the one (1) year anniversary of said cause of action, such cause of action is permanently barred.

  1. ABILITY TO CONSENT

You agree and acknowledge that you are at least 18 years of age and/or that you are not a person barred from receiving services under the laws of United Kingdom. If you are not at least 18 years of age, then by using this website you represent that you possess legal consent from your parent or legal guardian granting you permission to use this Website. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

  1. ASSIGNMENT AND TRANSFER

These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you. However, these Terms and Conditions, and any rights and licenses granted hereunder, may be assigned, transferred, delegated, and sublicensed by Gem Privé.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Gem Privé, its subsidiaries, affiliates, directors, officers, shareholders, employees, licensors, agents or operators of Gem Privé, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including any intellectual property, real property, or data privacy right; or (iv) any claim that one of your Excepted Content caused damage to a third party. These defence and indemnification obligations will survive these Terms and Conditions and your use of the Website.

  1. VIOLATIONS OF TERMS AND CONDITIONS

Please report any violations of the Terms and Conditions to info@gemprivé.com. Please state the basis for your concern and provide a link to the Excepted Content or, if appropriate, the behaviour in question. Upon receiving such a report, Gem Privé, in its sole discretion, may investigate the matter and take such action as deemed necessary.

  1. SURVIVAL OF TERMS AND CONDITIONS

If any of the provisions of these Terms and Conditions are held by a court or other authority of competent jurisdiction to be void, voidable, unlawful or unenforceable, such provisions shall be limited or severed from these terms and replaced with a provision that best embodies the intent of these Terms and Conditions. The remaining provisions shall remain in full force and effect, such that the severing not affect the validity and enforceability of any remaining provisions of the Terms and Conditions. Any provision of these Terms and Conditions that imposes, envisions, requires or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

  1. UPDATES TO TERMS AND CONDITIONS

Terms and Conditions updated 10 February 2015.