Definitions
Buyer means the individual or organization that buys or agrees to buy goods from the Seller.
Contract means a contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
Goods mean the articles the Buyer agrees to buy from The Gem Portal
Terms and Conditions mean the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
Carrier means any delivery service used for the purpose of transporting goods to The Buyer from The Seller or the Seller’s contracted agent.
Conditions
Nothing in these terms and conditions shall affect the Buyer’s statutory rights.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication to/from the Buyer.
Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
Ordering
All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where goods ordered by the Buyer are not available from stock, the Buyer will be contacted for advice, if contact cannot be made, the order may be held until such a time where contact is made or substitute product(s) will given to the value of the deficit.
No extra goods shall be added to orders after they have been purchased by the Buyer.
Price and Payment
The price of the Goods shall be stipulated on the Seller’s Website. The price is inclusive of VAT but exclusive of postage and packing.
The total purchase price, including VAT and delivery charges if any will be displayed in the Buyer’s basket.
The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered (or substitutes) cannot be supplied and/or a different postage tariff has to be applied.
Payment for goods must be received and authorised before despatch. The Seller will delay dispatch until such a time that payment has fully cleared with the required credentials.
The Seller reserves the right to request identification to verify any transaction(s) considered high risk and delay dispatch until such a time that the Seller has confirmation from both the Buyer and the card issuing bank and/or Paypal that the transaction is not fraudulent. The Seller will only dispatch to PayPal account addresses which are deemed Confirmed within the areas PayPal states.
The Seller reserves the right to delay dispatch for orders completed with incorrect details on account of the Buyer until information has been provided to prove otherwise. The Seller reserves the right to refuse a refund until such a time.
The Seller accepts payment for orders by Credit/Debit Card and PayPal only. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
If after making contact with the Buyer, payment or in the case of Credit/Debit Card authorization is not received within days the Buyer’s order will be cancelled without further notice.
All payments are to be made by the Buyer in GBP (Pounds Sterling). Any use of foreign Credit/Debit cards may incur additional charges as set by the Buyer’s card issuer.
Credit/Debit card information for the purpose of making a payment can be given to the Seller via phone, fax, or through the Seller’s secure payment portal which encrypts the information given.
All Credit/Debit card transactions are logged against address and IP address and are processed in accordance with the Data Protection Act. Any fraudulent transactions will be logged and full co-operation upon request with lawful authorities will be made. We reserve the right to refuse a refund regarding any transaction deemed fraudulent.
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
Rights of seller
The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.
Delivery
Goods supplied within the UK Mainland excluding Highlands & Islands will be dispatched on the same day providing that payment is authorised immediately and the order is placed before 2pm. Orders which do not meet these requirements or require intervention of any kind due to problems may take longer.
Goods supplied outside European mainland will only be sent on discretion of the Seller and will be delivered within the times of the postal service arranged between the Buyer and the Seller.
The Seller reserves the right to alter delivery times and prices without notice.
The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event, the delivery time is the responsibility of the Carrier and therefore time of delivery shall not be the responsibility of the Seller where the Seller has adhered to an agreed time. Furthermore, the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.