1. Definitions and interpretation
Business Day means a day on which the trading banks generally are open in Toronto, Ontario – but excluding Saturdays, Sundays and public holidays; Intellectual Property Rights means:
(a) any confidential information;
(b) copyright (including rights in the nature of, or analogous to, copyright);
(c) moral rights;
(d) inventions (including patents);
(f) service marks;
(h) plant breeders rights;
(i) circuit layouts; and
(j) any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any:
(k) right to apply for the registration;
(l) renewals and extensions;
(m) licences, of such rights listed in (a) to (j) above;
Submissions means any form of information that is contained in or otherwise expressed through any form of media (whether now known or hereinafter devised) that you submit to us on or through this website – including: all comments, feedback, suggestions, ideas, photos, videos, e-mails, texts, images and other information or materials.
Taxes means any present or future taxes (including taxes on goods and/or services), rates, levies, tariffs, imposts, duties (including stamp duties), excise duties, deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;
(a) the expressions “The Gem Shop”, “we”, “us” and “our” are a reference to The Gem Shop and “you” and “your” are reference to the person accessing or using this website;
(b) a reference to:
- (2) any statute, statutory provision, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them;
- (3) a person, firm, corporation, association or government body includes any other of them;
- (4) a person includes the person’s successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;
- (5) a time is a reference to the time in Winnipeg, Manitoba (Central Time) unless otherwise specified;
- (6) a right includes a benefit, remedy, authority, discretion and power;
(c) the singular includes the plural and vice versa;
(d) words importing a gender include any other gender;
(e) the words ‘including’ or ‘includes’ are deemed to be followed by the words ‘without limitation’;
(g) if the day on which:
- (1) anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and
- (2) a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;
(h) if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;
(j) an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.
3.1 You may be able to make Submissions to us from time to time. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. By making any Submission on or through the website, you hereby: (i) grant to The Gem Shop a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, the Submission, in whole or in part, in any format or media; (ii) waive all moral rights in and to the Submission in favour of The Gem Shop and anyone authorized by The Gem Shop to reproduce or otherwise use the Submission; and (iii) warrant and represent to us that your Submission (and each component thereof) is your original work and that no Submission you make on or through the website will infringe the Intellectual Property Rights of any other person.
3.2 You agree to indemnify and hold The Gem Shop (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
4. Ordering products on this website
4.2 You may submit an order to purchase products from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.
4.3 No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order. If complete payment for your order is not received and verified by us, your order will be cancelled and will not be processed.
4.4 By submitting an order on this website you agree to be bound by our Return Policy.
5.1 The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant products at the time your order is submitted (subject always to section 6 below, in relation to incorrect prices), together with shipping and handling fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in Canadian dollars (CAD). The currency exchange module on the website displays the value in alternate currencies as an approximation to the stated cost in Canadian dollars. The currency exchange module may not display an accurate cost for the product in an alternate currency. In case of dispute regarding the actual cost of the product or service, the stated cost in Canadian dollars will be correct.
5.2 You shall pay for your orders using the online transactions facilities provided at www.TheGemShop.ca or by authorizing The Gem Shop to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched. We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time.
5.3 If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. In addition to all amounts outstanding, you will be liable for all debt collection costs where you fail to make payment for any order when payment is due. If complete payment for your order is not received and verified by us, your order will be cancelled and will not be processed.
5.4 We may vary any prices on this website at any time without notice to you.
6. Availability and Cancellation
6.1 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify you of the non-availability on this website. We may revise the range of products or the specification of any product at any time without notice to you.
6.2 Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
6.3 You may cancel your order any time prior to the time that we send our ‘confirmation of acceptance’ for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.
7. Delivery and shipping and handling fees
7.1 Products purchased online from this website are eligible for delivery to valid mailing addresses within Canada and the United States. We may use various shipping companies to deliver such products, including but not limited to Canada Post, US Postal Service, and FedEx. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). We reserve the right not to offer expedited or other forms of shipping.
7.2 The applicable shipping and handling fees are clearly displayed in your local currency at the time of purchase.
7.3 Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.
7.4 You may specify delivery instructions for your order (for example, you may authorize the courier to leave the products in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
7.5 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
7.6 We retain ownership and title of the products we supply to you until we have received the full price for the products and the applicable shipping and handling charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the courier, you assume full responsibility for and risk in the products.
8. Customs, duties and taxes
8.1 Each package that contains a product that you have purchased may be subject to Taxes of the country to which such package is shipped, including customs duties. We will be responsible for paying such Taxes when a package is delivered to an address in Canada or the United States.
8.2 If the purchase is delivered to an address outside of these two countries, the following applies:
8.2.1 The Gem Shop will not pay VAT, nor pay any customs and duties outside of Canada or the United States;
8.2.2 You are responsible for paying the taxes, customs and duties on any purchases shipped to an address outside of Canada or the United States;
8.2.3 We will not bear any charges for customs clearance, including handling or processing fees if the shipment is outside of Canada or the United States.
8.2.4 Once your order has been delivered to the shipper’s dispatch office in the country and city to which it shipped, and you have been notified of the shipment by the courier, including any customs, duties and taxes owing, as evidenced by confirmation provided to us by the courier, you assume full responsibility for and risk in the products;
8.2.5 We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your shipping address and/or delivery instructions;
8.2.5 The Return Policy timeframe is valid from the date the courier notifies you of the shipment.
8.3 When you purchase a product online from The Gem Shop, we are the “importer of record”. Products imported to the country associated with the shipping address must comply with all laws and regulations of the country to which such product is shipped. You acknowledge that the importation of certain products may be restricted or prohibited, in which case we may not be able to deliver the product to you.
8.4 We will also bear any charges for customs clearance, including all handling or processing fees if the shipment is in Canada or the United States.
8.5 Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.
8.6 You acknowledge that delays associated with customs clearance procedures may cause our original delivery time frames estimates to be exceeded and that we may be unable to deliver the product to you if it is held at destination by customs authorities.
9. Warranties in relation to our goods
9.1 We offer a twelve month limited warranty from the date of purchase against defects in material and/or workmanship on all new merchandise that we sell. Original proof or purchase is required. This warranty does not apply to estate jewellery, or any jewellery categorized as “estate”.
9.2 The remedies under the twelve month limited warranty are given by The Gem Shop in addition to, and not in place of, your rights at law.
9.3 The twelve month limited warranty exclude, to the extent permitted by law, damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorized repairers, theft, disappearance, loss (including lost stones) or any other type of use causing deterioration.
9.4 Loose diamond stones and gem stones supplied by The Gem Shop and assembled by someone other than The Gem Shop or its authorized agents can be damaged during jewellery assembly. Such damage will not be covered by the twelve month limited warranty, and The Gem Shop will not be liable for any such damage.
9.5 The Gem Shop reserves the sole right to judge whether or not an item of jewellery has been subject to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than The Gem Shop (or its authorized repairers), theft, disappearance, loss (including lost stones) or any other type of use causing deterioration. If, in our sole discretion, such jewellery shows signs of any of the foregoing, the twelve month limited warranty will be entirely void.
9.6 To obtain any limited warranty service, you must provide The Gem Shop with an original certificate of authenticity for that item, which includes the receipt and any accompanying appraisals and documents for that product. This certificate of authenticity must be fully completed and signed on behalf of us by an authorized person at the time of purchase. If this certificate of authenticity has been altered in any fashion, the warranty is void to the maximum extent permitted by law.
9.7 White gold jewellery is rhodium plated to enhance its appearance. This plating is not permanent and will require further plating to maintain the enhanced appearance. The twelve month limited warranty does not cover any further rhodium plating.
9.8 When a product is repaired under the original warranty term, only the remaining term of the original warranty will continue to apply (e.g. if a product is purchased under the 12 month limited warranty and is returned for repair, repaired and then returned to the customer after 11 months from the date of purchase, the remaining warranty term will be only 1 month and any other repairs after this term will be outside the original warranty period and may be charged accordingly).
10. Disclaimer in relation to website
10.2 To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any product ordered by you from this website.
10.3 If the limitation of liability in clause 10.2 above is held to be invalid in whole or in part, then, to the maximum extent permitted by the applicable law, our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Canadian dollar (CAD$1.00).
10.4 To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including warranties of non-infringement, merchantability, or fitness for a particular purpose.
11. Disclaimers in relation to products
11.1 Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time.
11.2 You acknowledge that: (a) Gemstones may have been treated by heating (generally), or diffusion (sapphires) to enhance the colour of the stone. (b) Created gemstones are grown in strictly controlled laboratory conditions to recreate the brilliance of rare natural gemstones. (c) Black diamonds are enhanced by high temperature to permanently create the intense black colour. (d) Blue, yellow and red coloured diamonds have been irradiated to achieve their colour. Colour treatments used on diamonds may be sensitive to high temperatures and heat.
12. Intellectual property rights
12.1 The materials displayed on this website are protected by copyright and other laws in Canada, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other Intellectual Property Rights that may subsist in materials available through or on this website (including text, graphics, illustrations, artwork, photographs, video, music, logos, icons, sound recordings, source code, computer programs, and software) belong to us or to our licensors.
12.3 All brand, product, trade, and service names used in this website are the trade-marks of us or third parties who have licensed us to use such marks. You are not allowed to use or reproduce any such trade-marks in the course of trade, and you may only use such trade marks to access, view, or interact with this website for your own personal and non-commercial purposes.
12.4 Unless we agree otherwise in writing, you are provided with access to this website for your personal, non-commercial use only. You are authorized to print a copy of any information contained on this website for your personal, non-commercial use, unless such printing is expressly prohibited by a notice or other communication on this website and provided that our copyright and/or trade-mark notice(s) remain affixed to such material. Without limiting the generality of the foregoing, you may not without our prior written permission on-sell or distribute to any other person information obtained from this website.
13. General warnings
13.2 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.
13.3 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
13.4 Although reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual colour and appearance of products, you acknowledge that due to the inherent difficulties with photographing items of jewellery, and the difference in colour represented on media screens, some products may appear larger or smaller than their actual size, and the colours and detail may differ from the actual, when represented on this website.
13.5 Details contained on this website relating to goods or services have been prepared in accordance with Canadian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Canada) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
13.6 Any products and/or services described on this website are offered in jurisdictions where they may be legally offered for sale. The information on this website is not an offer or solicitation to anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make such offer or solicitation.
13.7 You expressly acknowledge that we have entered into this agreement with you and make this website available to you in reliance upon the limitations and exclusions of liability and the disclaimers set-forth herein, and that the same form an essential basis of the bargain between you and us.
14. Linked websites and advertisements
14.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
14.2 We are not responsible for the content or privacy practices of, or on, or associated with, linked websites.
14.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
14.4 We accept no responsibility for the content of any advertisement appearing on this website (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.
You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at admin@TheGemShop.ca. If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.
16.2 The Collection Notification Statement for online purchases of goods or services specifically applies to, and governs, the collection of personal information through our online forms used in connection with online purchases of goods or services.
17. How we handle e-mails
17.1 We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
17.2 You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications.
17.3 You may receive electronic messages and information sent by us (or on our behalf) for any purposes, or as you may otherwise agree.
18. Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we employ commercially reasonable steps to preserve the security of such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. In no event will the information you provide on or through the website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
19. Termination of access
20. Governing law
Last Updated: 15/06/2020