Terms of Service

1. Definitions and interpretation

Business Day means a day on which the trading banks generally are open in Los Angeles, CA – but excluding Saturdays, Sundays and public holidays;

Intellectual Property Rights means:

• any confidential information;
• copyright (including rights in the nature of, or analogous to, copyright);
• moral rights;
• inventions (including patents);
• trade-marks;
• service marks;
• designs;
• plant breeders rights;
• circuit layouts; and
• any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registered or registrable and includes any right to apply for the registration, renewals and extensions, licences, of such rights listed above;

Submissions means any form of information that is contained in or otherwise expressed through any form of media (whether now known or hereinafter devised) that you submit to us on or through this website – including: all comments, feedback, suggestions, ideas, photos, videos, e-mails, texts, images and other information or materials.

Taxes means any present or future taxes (including taxes on goods and/or services), rates, levies, tariffs, imposts, duties (including stamp duties), excise duties, deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;

1.1 Interpretation

In these terms of use, unless the contrary intention appears:

• the expressions "Gems Bright", "we", "us" and "our" are a reference to Gems Bright and "you" and "your" are reference to the person accessing or using this website;
• headings in these terms of use are for convenience of reference only and shall not affect the construction or interpretation of these terms of use;
• the singular includes the plural and vice versa;
• words importing a gender include any other gender;
• the words 'including' or 'includes' are deemed to be followed by the words 'without limitation'.

2. Amendments to terms of use

We reserve the right to amend all or any portion of these terms of use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these terms of use on the website and will indicate at the top of this page the date these terms of use were last revised. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms of use on this website. Your continued use of the website following such amendment will be deemed to be your acceptance of and agreement to be legally bound by and comply with the terms of use as amended. It is your sole responsibility to regularly check the website to determine if there have been any changes to these term and conditions and to review such changes.

3. Submissions

You may be able to make Submissions to us from time to time. You agree and confirm that each Submission you make is not confidential, and that we have no obligation to treat it as such. By making any Submission on or through the website, you hereby grant to Gems Bright a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use the Submission in any manner.

4. Ordering products on this website

This website and the information on it constitute an invitation to treat and not an offer by us to supply products. When you submit an order to purchase products from us, this constitutes an offer from you to buy those products in accordance with these terms of use. No contract for the sale and purchase of those products shall be formed between you and us until we accept your order by sending you a confirmation of acceptance.

By submitting an order on this website you agree to be bound by our Return Policy. We reserve the right to limit or refuse any order you place with us.

5. Payments

The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant products at the time your order is submitted, together with shipping and handling fees (which are payable in addition to the price of the products).

You shall pay for your orders using the online transactions facilities provided at www.gemsbright.com or by authorizing Gems Bright to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched. We reserve the right to change the permitted methods of payment at any time.

6. Availability and Cancellation

All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. Where any product is listed on this website with an incorrect price, we reserve the right to reject or cancel your order. If you have already made payment, we will refund the full amount paid by you in relation to that order.

You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order.

7. Delivery and shipping

Products purchased online from this website are eligible for delivery to valid mailing addresses within Canada and the United States. Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 3 Business Days. The applicable shipping and handling fees are clearly displayed in your local currency at the time of purchase.

Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. Once your order has been delivered to you, you assume full responsibility for and risk in the products.

8. Intellectual property rights

The materials displayed on this website are protected by copyright and other laws. All copyright and other Intellectual Property Rights that may subsist in materials available through or on this website belong to us or to our licensors. You must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any material available through or on this website without our prior written permission.

9. Warranties in relation to our goods

We offer a twelve month limited warranty from the date of purchase against defects in material and/or workmanship on all new merchandise that we sell. Original proof of purchase is required. This warranty does not apply to estate jewelry, or any jewelry categorized as "estate".

The twelve month limited warranty excludes damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution, improper repair or warranty service performed by someone other than us or our authorized repairers.

10. Governing law

These terms of use are governed by the domestic laws in force in Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario.