Terms and Conditions
Revised: January 18, 2011
Your use of the gemgallery.com Web site constitutes your agreement with the terms and conditions outlined below, with any other terms and conditions stated herein, and with any applicable laws. You also agree that these Terms and Conditions are subject to change at any time and the posting of such modified Terms and Conditions on this site will constitute sufficient notice of any and all such changes.
Copyright and Trademark
All contents are protected by U.S. and international copyright. All rights reserved. All software and other technology components of this Web site are protected by U.S. and international copyright. “The Gem Gallery”, Gem Gallery logos and any other product or service name or slogan contained on this Web site are trademarks of The Gem Gallery and may not be copied, licensed, imitated or used without the express, written permission of The Gem Gallery. The Gem Gallery reserves all of its rights with regard to those marks and any other The Gem Gallery trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Site Use and Access
The Gem Gallery grants you a limited, revocable, nonexclusive license to access and make personal use of this site. You agree not to download or modify the site, or any portion thereof, without our written consent. The license granted herein excludes any and all resale or commercial use of the site and its contents, products, descriptions and prices. Any use of the site or its content, including downloading, copying, reproducing, duplicating, selling, reselling of account information, Web pages, data, contents, products, descriptions, prices and other proprietary information for the benefit of another merchant, business or individual violates these Terms and Conditions and is strictly prohibited. Any unauthorized use of the site terminates the license granted herein by The Gem Gallery.
In addition to the foregoing, visitors to and users of this site are prohibited from (i) providing false information of any kind; (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site; (iii) taking any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure; (iv) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, avatars, browsers, spiders, robots or intelligent agents) to navigate or search the site, other than the search engine and search agents available on this site as well as generally available third-party Web browsers; (v) attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the site; (vi) aggregating, copying or duplicating in any manner any of the materials or information available from the site, other than for your own personal use; and (vii) framing of or linking to any of the materials or information available from the site unless authorized to do so.
We have attempted to accurately depict the colors of the products offered on this site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Product Pricing and Availability
We make every attempt to avoid errors in pricing and product information. However, data and information, including prices and product availability, may be inaccurately displayed on our site due to errors or incidents beyond our control. We reserve the right to correct any and all errors contained on this site upon our realization of such error. We will not honor inaccurate or erroneous prices listed on this site and we reserve the right to refuse or cancel any order placed for an item at an inaccurate or erroneous price. Our prices are subject to change without notice. All prices listed on this site are in U.S. dollars.
Our policy is to match the prices on The Gem Gallery.com to the prices you will find in The Gem Gallery store or The Gem Gallery advertisements. If you find a discrepancy, please Contact Us
Links to Other Web Sites
The Gem Gallery makes no representations or warranties about any other Web site you may access through this Web site. If there is a link to another Web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you. By using any links to other Web sites, you do so at your own risk and subject to the terms and conditions of such other Web sites.
Unless specifically noted, this site, its content or the information available on or through it is provided on an "as is" basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Gem Gallery does not warrant that its site and services are current or error free. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that The Gem Gallery and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site.
Warranties and return rights concerning products for sale on this site are governed by terms provided elsewhere in this site and by applicable law.
Any message you send to us via email, postcard, letter, voice mail or other transmission relating to your use of this site shall be and remain property of the Gem Gallery, and The Gem Gallery shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and emails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
At The Gem Gallery and gemgallery.com, we are committed to providing excellent customer service and outstanding value in fine jewelry while respecting and protecting the privacy of our customers. To better serve you, we may collect and maintain certain information regarding, for example, your product and service preferences, dates of special occasions related to people you buy gifts for (e.g., birthdays), and billing and shipping information. Under no circumstances do we sell or rent this information to other businesses or third-parties, unless required by law, and we protect and enforce the confidentiality of this information. We respect your privacy and seek to protect the trust you place in The Gem Gallery.
In addition to using the information referenced above to fulfill your purchase order, we also retain some of that information in our customer database. We may use information we collect about you to track your order, respond to your inquiries, assist you in making subsequent purchases you wish to make easier and faster, improve our Web site or prevent and detect fraud and abuse. We also may use that information, from time to time, to contact you concerning our products, services, sales or special promotions from The Gem Gallery and gemgallery.com. We try to limit those contacts to ones that might be of interest to you. If you would prefer not to be contacted about our special offers, products or services, please notify us at the mailing address, e-mail address or phone number provided below:
The Gem Gallery
402 E. Main St.
Bozeman, MT 59715
We currently send e-mails only to The Gem Gallery or gemgallery.com customers who are interested in receiving information about our products and services. If you have previously received such e-mails, but no longer want to, contact us by one of the methods referenced above or by unsubscribing to an e-mail you receive from us, as the case may be.
Please be advised that since promotions may already be in process at the time of your request, it may take up to ten days before electronic contacts cease. As a result, you may receive mail or other solicitations from The Gem Gallery or gemgallery.com for a brief period of time after you make your request. You may also use the above addresses and phone number to correct or update any of the individual information we have stored.
How The Gem Gallery stores and protects confidential information
30 Day Refund Privilege
The Gem Gallery and gemgallery.com is dedicated to exceeding your expectations with your jewelry purchase and our customer service. If for any reason you are dissatisfied with your purchase, you may return it within 30 days in original condition without damage from the date of the transaction unless otherwise specified for a refund of the purchase price, excluding shipping, handling, insurance and additional charges which may include restocking fees up to 3% or customization fees including but not limited to sizing of rings, and chain shortening. Custom items, engraved items and special order items are not refundable. Refunds will be returned using the original form of payment. In certain circumstances, refunds may be given in the form of store credit. This will be disclosed at the time of the refund and is on a case by case basis.
The Gem Gallery and gemgallery.com provides you with two methods of returning an item:
Returns by Mail
Here are the basic steps:
- If there is damage to an item upon delivery, call The Gem Gallery immediately at 1-(800) 856-3709 for assistance.
- Please read the information on your receipt carefully.
- Pack the item securely. Use the original package, if possible. Enclose a copy of the receipt and a note with your name and contact information including phone number as well as a description of what needs to be done (i.e. return the item, or exchange for something different, etc.).
- All products must be returned in good condition, in original boxes and with accompanying paperwork (such as Yogo certificate or appraisal when available) and accessories to ensure a full credit.
- All return shipping charges must be prepaid by you. We do not accept C.O.D. deliveries.
- Ship the return package to The Gem Gallery directly using the following steps:
Ship your return package, fully insured for the total value of contents, via US Postal Service, return receipt requested to confirm delivery to The Gem Gallery. Keep the US Postal Service return tracking number from the package.
- If you prefer, you may bring your return item to our store at 402 East Main St., Bozeman, Montana. Please bring the original package and receipt, as well as any accompanying paperwork, such as Yogo certificate or appraisal, that was included with the original shipment.
- FAILURE TO FOLLOW THE ABOVE RETURN AND MAILING PROCEDURES EXACTLY WILL PREVENT THE PROCESSING OF YOUR RETURN AND ANY REQUESTED REFUND.
- A Gem Gallery associate will process your return. Refund will be credited to the same form of payment in your original purchase. Please allow 30 days for the credit to appear on your billing statement. Please note that your original shipping and handling or other additional costs will not be refunded, unless you received a damaged, defective, or incorrect item.
The Gem Gallery guarantees our jewelry to be free of defect in manufacturing, including but not limited to loss of stone and metal durability for one year after date of purchase. Damage to a piece of jewelry does not constitute a defect in manufacturing and is therefore not covered. We recommend having your jewelry cleaned and checked a minimum of three to four times a year to check for defects and be sure your piece is in good condition. This is the client’s responsibility. If you find a loose stone or have a prong that is snagging, you should immediately stop wearing the piece and contact The Gem Gallery regarding the piece, preferably by bringing the item in for inspection. After one year, pieces will be assessed on an individual basis for manufacturing defects versus common wear and tear or damage, and charges for repairs will be applied accordingly. The Gem Gallery stands behind our craftsmanship and will work with the client to provide the best solution for each individual piece.
Applicable Law and Venue
These Terms and Conditions and your use of this site are governed by and construed in accordance with the laws of the State of Montana without regard to principles of conflicts of law. By using this site you agree that the Venue for any action at law or equity arising out of or relating to these Terms and Conditions or your use of this site shall lie only in the applicable state or federal courts located in Gallatin County, Montana. In using this site you hereby irrevocably submit and consent to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase you make from this site or these Terms and Conditions.
Notwithstanding the foregoing, we reserve the right to terminate your license to this site and prevent your future use and access of this site.
If for any reason any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
If you have any questions please contact us at (406) 587-9339 or by clicking here.