Terms of service
OVERVIEW
Welcome to GEMSIS (“we”, “us”, “our”). We operate this website and store, including related content, features, tools, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.
These Terms of Service (“Terms”) govern your use of the Services, together with any policies referenced here (including our Privacy Policy and Refund Policy).
By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
You confirm you are at least the age of majority in your place of residence, and you authorize any minor dependents using devices you own or manage. You may be asked for information (email, billing, payment, shipping). You warrant it is accurate and complete and that you have the right to provide it. You are responsible for safeguarding your account credentials and all activity under your account.
SECTION 2 – OUR PRODUCTS
We try to display products accurately, but colors/appearance may vary by device and settings. Descriptions and pricing may change at any time without notice. We may discontinue products or limit quantities at our discretion.
SECTION 3 – ORDERS
Your order is an offer to purchase. We may accept or decline at our discretion and only accept after payment is processed and we confirm acceptance. Please review before submitting; we may be unable to cancel after acceptance. If we do not accept, change, or cancel, we will try to notify you via the contact details provided.
Returns/exchanges are governed by our Refund Policy. Purchases are for personal/household use, not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price at checkout is the price in effect. Unless stated otherwise, prices exclude taxes, shipping, handling and any customs/import charges.
You agree to keep purchase and payment info current and accurate and authorize us to charge all amounts due (including taxes and shipping).
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. Delays may occur due to carriers, customs, or events beyond our control. Risk of loss and title transfer upon delivery to you (or a person you designate). Please check your address is correct at checkout.
SECTION 6 – INTELLECTUAL PROPERTY
All trademarks, names, logos, designs, text, images, graphics, video, audio and their arrangement within the Services are owned by GEMSIS or our licensors and protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. No reproduction, distribution, modification, public display, or derivative works without our prior written consent. GEMSIS and related marks are our trademarks. Shopify and other marks are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsement. Your use is at your own discretion and subject to the third party’s terms.
SECTION 8 – THIRD-PARTY LINKS
Links to third-party sites or content are provided for convenience. We are not responsible for their content or practices. Review third-party terms and policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
GEMSIS is powered by Shopify. Your purchase is with GEMSIS, not Shopify. You acknowledge Shopify is not responsible for sales between you and us and you release Shopify from claims arising from such transactions.
SECTION 10 – PRIVACY POLICY
Your personal information is processed in accordance with our Privacy Policy (see: [link to your Shopify Privacy Policy page]). Because we are hosted by Shopify, certain data will be processed by Shopify to operate and improve the Services; see Shopify’s privacy policy for details. By using the Services, you acknowledge these policies.
SECTION 11 – FEEDBACK (REVIEWS & UGC)
If you submit reviews, photos, ideas or other content (“Feedback”), you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish and display such Feedback in any media for operating and promoting the Services (e.g., displaying product reviews, featuring tagged social content). You confirm you have the necessary rights and that your Feedback complies with these Terms and applicable law. We may moderate or remove Feedback at our discretion.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We may correct errors or update information (including pricing/availability) and cancel orders if information is inaccurate, at any time without prior notice.
SECTION 13 – PROHIBITED USES
You agree not to use the Services for unlawful purposes; not to infringe IP rights; not to harass, defame, or harm others; not to transmit malware, spam, or misleading information; not to scrape or bypass security; and not to misuse others’ personal information. We may suspend or terminate access for violations.
SECTION 14 – TERMINATION
We may suspend or terminate access at any time. Sections that by nature should survive termination will continue (e.g., IP, Feedback, Disclaimers, Liability, Indemnification, Governing Law).
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as required by law or expressly stated, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability and fitness for a particular purpose. Some jurisdictions do not allow certain disclaimers, so the above may not fully apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, GEMSIS and our partners, directors, employees, and service providers shall not be liable for indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill arising from your use of the Services or products. Nothing in these Terms limits liability that cannot be excluded under applicable law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless GEMSIS (and Shopify, as applicable) from third-party claims arising from your breach of these Terms or violation of law/third-party rights.
SECTION 18 – SEVERABILITY
If any provision is unenforceable, the remainder stays in effect to the fullest extent permitted by law.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
No waiver of any right is a continuing waiver. These Terms and referenced policies constitute the entire agreement regarding the Services and supersede prior understandings.
SECTION 20 – ASSIGNMENT
You may not assign your rights or obligations without our consent. We may assign or transfer these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms and any disputes are governed by the laws of Belgium, without regard to conflict-of-law rules. The courts of Antwerp, Belgium shall have jurisdiction, without prejudice to mandatory consumer protections granting you the right to bring proceedings in your place of residence.
SECTION 22 – HEADINGS
Headings are for convenience only.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. We will post the updated version with an effective date. Your continued use after changes become effective constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service: gemsis.jewels@gmail.com
GEMSIS
Jacob Jordaensstraat 11, 2018 Antwerp, Belgium
VAT: [insert]
Note on Personalized Products
For clarity, personalized items (e.g., lockets customized with your photo) are final sale and excluded from the withdrawal/return right except in case of defects or incorrect items—see our Refund Policy for details.