Terms and Conditions

These terms constitute a legally binding agreement between you and MX Publishing Limited ("we", "us", "our"), which operates the website with the domain name, www.gemsleuth.com (the “Site”). We are a Limited Company, incorporated in the UK, with Limited Company Number 06003854 and VAT Registration Number 122627830. Our registered office is 335 Princess Park Manor, Royal Drive, London. N11 3GX.

This agreement documents your rights and responsibilities and ours with regards to (a) your access to the Site; (b) your use of the Site; (c) any communications sent from us and (d) all information, products, services, and materials contained on our site.   By entering the Site you unconditionally accept the terms and conditions as set out below. You must be aged 18 or above to purchase products on our website.  If you do not accept these Terms, do not use this Site.

We reserve the right to change the terms and conditions of this Site at any time. Any change to the terms and conditions of this Site will include the date of the change, found at the bottom of the page.  It is your responsibility to make sure you review these terms each and every time that you visit the Site. 

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The english courts will have exclusive jurisdiction over any claim arising out of or in connection to these terms and your use of the site.

 

1. SITE USAGE

All site content is strictly for personal, non-commercial use only. 

1a. Anyone who enters our Site is deemed a user ("User"). You are free to enter the site whenever you wish whilst adhering to all the relevant terms and conditions.

1b. The use of this website is permitted for personal use only. Please remember that it is illegal to re-publish, sell, reproduce or otherwise exploit any items on our site for material purposes from this website, or create any item based on the content of this site.

1c. You must ensure that your login details and password are kept secret and secure to prevent unauthorised access to your account by somebody other than you. You must ensure when accessing the site from a shared computer or through a shared internet connection that you log out at the end of every session, and you must not write your username and password down or share it with anybody. We may disable any password, at any time, if in our opinion you have not complied with any of the provisions of these terms.

1d. You are responsible for all of your activity in connection with accessing the site, and we may terminate your use of the site for any suspected fraudulent, abusive, or otherwise illegal activity. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any user of this site.  

1e. You alone are absolutely responsible for any information sent to us and its accuracy and validity. You agree that you will not use and that you will not allow the use of any device or method that could possibly interfere with our Site. You may access and view the content appearing on this website for personal, non-commercial use only.

1f. All materials and information on the site including without limitation any trade names, source code, logo, design, text, graphic(s) and their arrangement ("content") are owned by us and are protected by UK copyright law. All such rights are reserved.

 

2. SITE CONTENT

These additional Terms apply to the content, including product and pricing information published on our site

2a. All items on the website are our property and unless stated clearly, all items are in good condition and 100% original, free from enhancements.

2b. Any information, content or opinions given on our website are purely subjective and we cannot guarantee its fitness for purpose or accuracy. 

2c. All our product images, dimensions, weights, descriptions and photographs are approximate and may vary from one item to the next. You should not rely on these product specifications alone, and we will not be held liable for any incorrect information. If we discover that any goods have incorrect information, including prices, due to typographical errors, we reserve the right to cancel your order.

2d. The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites, unless otherwise stated. Clicking on links or any linked content to off-site pages that appears on, or is listed or referred to on the Website, is at the user’s own risk.

2e. All prices quoted are inclusive of VAT and do not include any delivery charges. We are entitled to make adjustments to the price to take account of any increase in our supplier's prices, the imposition of any taxes or duties, or if there has been a typographical error or omission in the published price whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. 

2f. We reserve the right to remove access to the whole or part of the site, and modify and change the site, it's functionality, content and purpose at any time.   There may also be times when the site is undergoing refurbishment, or becomes temporary unavailable due to technical issues beyond our control. We will not be liable if for any reason the site is not available.

 

3. ORDER PROCESSING AND DELIVERY

Please note that we price in GBP and ONLY deliver within the UK

3a. By confirming your order and submitting payment details, you are making an offer to buy goods from us.  Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will send you an email confirming the dispatch of your goods. Until such time as the goods have been dispatched, there is no contract for the sale of goods. 

3b. We aim to dispatch all orders placed before 4pm the same day (Monday to Friday) or the next working day if outside these hours, or if your order is placed at a weekend or bank holiday.  At peak times of year (including November and December) dispatch times can take slightly longer.

3c. Our standard delivery to the UK is Royal Mail 2nd Class Signed For, which usually takes 3-4 working days. If you need goods in a hurry, we also offer next working day delivery to the UK mainland.  

3d.  As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order.  

3e. Sometimes things can go missing in the post. If you order an item, and that item has not turned up within 21 days, and you inform us of such, then we will send out a replacement. We will include a return envelop for you to return the original order if it does ever appear.  If there is limited stock of the goods which you have ordered, we will contact you to discuss other options.

More detail on delivery options and pricing is available here.

 

4. RETURNS

We offer a no-quibble, 30 day returns policy

4a.  We will be happy to offer an exchange or refund within 30 days of purchase, providing you provide proof of purchase and return items in the same condition as they were received by you. The item(s) must be packed securely in the original, sealed and/or boxed packaging you received the item(s) in. This does not affect your statutory rights, and includes the 14 day statutory cooling off period.

4b. Remember you're buying an item of jewellery that requires due care. As such our items should not be worn whilst gardening, washing / showering, playing sport etc. The vintage items offered for sale, and that are marked as such, are in good condition, and with careful treatment should remain that way. Damaged, broken or altered items will not be accepted for a refund. 

4c. Items in our clearance sale and £1 auctions are not eligible for refund. However, as long as you can provide proof of purchase, we can offer an exchange or gift card to the same value.

4d.  Due to UK health and safety legislation, we are unable to accept returns on earrings unless faulty.

4e. When issuing a refund, that refund will match the amount you paid for that item, and be in the same form as the original payment.  

4f. Refunds are processed within 10 working days of receiving your returned items. If paid via credit card, please allow a few days once the refund is processed to show on your statement, depending on your issuing bank.

4g. You are responsible for the postage costs of returning the goods to us and we advise you use a recorded method of posting the goods back to us. We cannot accept responsibility for any parcels lost in transit.

4h. We aim to provide you with the highest quality products, but if you discover a fault with any of our products you can return them to us up to 60 days of receipt, so long as you provide us proof of any defect. Please contact us with the details of the faulty item by email or our online contact form, and we will advise you on how to proceed.

More details on how to cancel and return an item can be found here.  

 

5. REVIEWS AND FEEDBACK

You are responsible for all content you post.

5a. You may post reviews, comments and other content ("user content") to the Site or to public areas and forums that allow feedback to and/or interaction with our company, provided that such user content is not abusive, defamatory, obscene, illegal or infringes the privacy or intellectual property rights of another, or is otherwise injurious to third parties. You may not post "spam" or misleading user content, or any user content which is factually incorrect or misleading. We reserve the right (which we may exercise at our sole discretion without notice) to delete, move or edit any content that does not meet these conditions.

5b. If you post user content you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable worldwide licence to use, reproduce, adapt, modify and publish the user content in any media, to use the name you submit in connection with any user content, and otherwise commercially use the user content including any ideas, concepts, know-how or techniques contained in user content.

5c. You agree to indemnify us, our officers, directors, employees, agents and contractors against any loss, costs, damages, expenses and claims brought by third parties arising out of, or in connection to the user content you supply. It is not possible for us to fully and effectively monitor all user content. If you believe that any content contains a defamatory statement or infringes your own rights, please notify us via our contact page.

 

6. GIFT CARDS AND PURCHASES

These additional terms apply to gift purchases and their recipients

6a. The person who paid for the gift purchase or gift card is the only person who can receive refunds for a cancelled or unwanted item. 

6b. The recipient who then uses the site, must do so in accordance with these "Terms", and all references to  "your" or "you" (other than in relation to refunds and cancellations) shall be read as references to the recipient of the gift

6c. Gift cards are available in British Pounds (GBP) only. When ordering a Gift Card include the recipient's name, address and a personal message (optional).

6d. Once payment has been taken, gift cards will be sent according to our delivery terms.

6e. To redeem a gift card, enter your gift card code in the box at the bottom of your shopping basket. The amount will be deducted from the cost of the order. If your gift card exceeds the total order amount, the balance will remain on the gift card code and can be redeemed at a later date. Conversely, if your order exceeds the value of the gift card, you will have to pay the remaining balance.

6f. Gift cards cannot be returned or exchanged for cash.

6g. All returned items that were paid for with a gift card will be refunded with the issuance of another gift card to the same value.

6h. For item(s) paid by both gift card and credit card, you will be refunded on your credit card up to the amount of your initial card payment and the remaining amount will be refunded as store credit.

 

7. PRIVACY POLICY AND COOKIES

We respect your privacy.

7a. We store and manage your data in accordance with the General Data Protection Regulation (GDPR) as outlined in our Privacy Policy

By visiting our website and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Cookie Policy

 

8. LIABILITY AND INDEMNITY

All site content and services are provided 'as is'. You indemnify us for breaches of these Terms.

8a. The information contained on this site is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

8b. You agree to indemnify and hold us (and our related bodies, corporate directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages related to your conduct, use of the site, your breach of these terms, or your breach of any rights of third parties.

8c. Subject to any responsibilities implied by law and which cannot be excluded, we (and our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising from your access to the site, or to any of the content you access on or via the site, howsoever caused, whether in contract, tort including negligence, statute or otherwise.  We do not exclude any liability for fraud, or negligence causing personal injury or death.

 

9. FORCE MAJEURE

We will not be held responsible for circumstances beyond our control.
We (and our related bodies, corporate directors, officers, employees, agents and contractors) will not be liable or deemed to be in default for any delay or failure in performance or interruption to the delivery of our products and services that may result directly or indirectly from any event beyond our or their reasonable control. These events include but are not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

 

Thank you for reading our terms and conditions as lat published on the 26th April 2020.

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