Terms of Service

OVERVIEW

This website is operated by GemsCraze. Throughout the site, the terms “we”, “us” and “our” refer to GemsCraze. GemsCraze offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 – HANDLING OF PERSONAL DATA

When you provide personal information through our online store, it is protected and used according to our Data Privacy Statement. You can access and review our Data Privacy Statement for more details.

SECTION 11 – CORRECTIONS OF MISTAKES AND INACCURACIES

It’s possible that our website or services might occasionally have errors or inaccuracies, including but not limited to product details, pricing, promotions, shipping fees, delivery times, and stock availability. GemsCraze retains the authority to amend these errors or inaccuracies, as well as to modify or cancel orders if any service or website information is incorrect, at any time without prior notification (even after an order has been placed).

We do not have an obligation to revise, update, or clarify information in our services or on any associated websites, including pricing information, except as mandated by law. The absence of a specific update or refresh date in the service or on any related website should not be taken as an indication that all information has been changed or updated.

SECTION 12 – RESTRICTED ACTIVITIES

In line with our Terms of Service, certain activities are strictly prohibited on our site and its content. These include: (a) any illegal activities; (b) encouraging others to perform illegal acts; (c) violating any international, national, or local laws and regulations; (d) infringing on our or others’ intellectual property rights; (e) engaging in behavior that is offensive, harmful, defamatory, discriminatory, or intimidating; (f) submitting false or misleading information; (g) transmitting harmful computer codes; (h) illegally collecting personal data; (i) spamming or engaging in deceptive online practices; (j) any obscene or immoral purposes; (k) disrupting the security of the online service or internet. Violation of these restrictions may lead to termination of service access.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

GemsCraze does not assure uninterrupted, timely, secure, or error-free service. The results obtained from using our service might not always be reliable or accurate. The service may be occasionally inaccessible or terminated without notice.

Your use of our service is at your own risk. The service, along with all products and services provided to you through it, are offered ‘as is’ and ‘as available’, without any explicit or implied warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

GemsCraze, including its directors, employees, and affiliates, will not be liable for any damages resulting from the use of our service or products. This includes direct, indirect, incidental, punitive, and consequential damages, such as lost profits, data loss, and other similar damages.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold GemsCraze and its associates – including parent companies, partners, and employees – harmless from any claims, damages, or legal demands arising from your breach of these Terms of Service or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any part of these Terms of Service is deemed unlawful or unenforceable, that part will be enforced to the maximum extent possible, and the rest of the terms will remain in full effect.

SECTION 16 – TERMINATION

The obligations and liabilities of both parties incurred before the termination date will survive the termination of this agreement. These Terms of Service are valid until terminated by either you or GemsCraze. You can end these terms at any time by notifying us of your decision to stop using our Services, or by simply discontinuing your use of our site.

SECTION 17 – ENTIRE AGREEMENT

The failure of GemsCraze to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms and any operational rules posted by us constitute the entire agreement between you and GemsCraze, governing your service use and supersede any prior agreements between us (including previous versions of the Terms of Service).

SECTION 18 – GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the laws of the United States.

SECTION 19 – UPDATES TO TERMS OF SERVICE

The most current version of the Terms of Service is always accessible on this page. GemsCraze reserves the right to modify these terms, and it is your responsibility to check for changes. Continued use of our website or services after changes have been posted implies acceptance of those changes.

SECTION 20 – CONTACT DETAILS

For any questions regarding the Terms of Service, please contact us at info@gemscraze.com.

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