Terms & Conditions of Sale
Islandgems Jewelry Ltd
(Effective January 22, 2010)
These terms and conditions (“Agreement”) apply to your purchase of jewelry (“Product”) from Islandgems Jewelry Ltd. These terms and conditions of sale apply to all purchases. By placing an order and/or accepting delivery of Product, you accept and are bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both you and Islandgems.
Credit Cards: Islandgems Jewelry Ltd accepts the following credit cards:
· Keycard (valid in Jamaica only)
Orders placed do not constitute a legal contract until Islandgems ships the Product/item is collected by client. Terms of payment are within Islandgems sole discretion, and unless otherwise agreed to by Islandgems, payment must be received by Islandgems prior to Islandgems acceptance of an order. Payment for the Product may be made by credit card, wire transfer, cash, cheques (registered clients only), or some other prearranged payment method. If payment is made by credit card, acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. If payment is made by personal cheque, Product will not be shipped/collected until the cheque clears. Your order is subject to cancellation by Islandgems, at Islandgems sole discretion. Islandgems is not responsible for pricing, typographical, or other errors, in any offer by Islandgems and Islandgems reserves the right to cancel any orders resulting from such errors.
· All prices and availability are subject to change without notice.
· Occasionally, we may have just sold an item which you ordered, and have not had time to take it off our site (or it may have been in your persistent shopping cart). We apologize for any disappointment, but we will reach you to see if you would like a substitution, special order, or just a cancellation.
Shipping Charges; Title; Risk of Loss; Taxes:
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Ownership of Product passes from Islandgems to you upon shipment from Islandgems facility. Loss or damage that occurs during shipping by a carrier selected by Islandgems is Islandgems responsibility, however, Islandgems will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify Islandgems within 5 days of the date of your purchase if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Islandgems with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Any quoted shipping dates are estimates only.
Limitation of Liability:
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY ISLANDGEMS. ISLANDGEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ISLANDGEMS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ISLANDGEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.
The parties agree that this Agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, and equitable claims) between you and Islandgems arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, Islandgems advertising, or Islandgems website shall be governed by the laws of the country of Jamaica, without regard to conflicts of laws rules. Any actions, regardless of form, arising out of your transaction with Islandgems or the Product must be brought within the applicable statutory period, but in no event more than one year from the date of purchase of Product.