TERMS OF SERVICE
Last Updated on January, 2022
This website is operated by gemsbylaura. Throughout the site, the terms “we”, “us” and “our” refer to gemsbylaura. gemsbylaura 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 which 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- By "gemsbylaura Website" or “Website” we mean the features and services we make available, including through our website at gemsbylaura.com and any other branded or co-branded websites (including sub-domains, versions, widgets, and mobile versions) now existing or later developed.
- By “gemsbylaura” “we,” “us,” or “our,” it refers to gemsbylaura, LLC.
- By "Customer/you" we mean the person, agency or company paying for services delivered by the gemsbylaura.
- By "Service(s)" we mean the products, services, and resources offered by gemsbylaura or affiliate sites.
- By "information" or "content" we mean facts and other information about a Vendor or Customer, including anything you or other users post on gemsbylaura.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal 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 and information (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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if 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 or reason.
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
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 per 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. In the event that 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 detail, 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 nor 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 without 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 for 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, 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Violators will be reported and held accountable to the fullest extent of the law.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our services or products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall gemsbylaura, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless gemsbylaura and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3290 Mohawk Circle Provo Utah US 84604.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – SHIPPING, RETURNS, AND GUARANTEE
(i) Email Confirmation
When you place an order on our website, you will receive an email confirming your purchase. If you cannot find this email, be sure to check your spam mailbox—if afterward it is still not found, please contact us at firstname.lastname@example.org.
Orders are typically processed and transferred to USPS within 1-3 business days of purchase (though we ask for up to 14 business days during our large sales and new product launches). Please make sure the shipping address is correct, including your Paypal and Apple Pay address if you checkout with either of those, as an incorrect address may significantly delay your order.
In an effort to get your orders out faster, our shipping software will automatically combine shipments when it is able. However, we are unable to accommodate requests to manually combine orders or refund shipping charges. Orders that are combined result in a heavier package, which means more postage is required to ship the order.
(iii) Domestic Orders:
Each of our domestic orders is shipped via USPS First Class Shipping. As each order is received, it is then lovingly handmade by our jewelry production team and shipped from our Utah studio within 1-3 business days from the date the order was placed (excluding weekends and holidays). Shipping within the U.S. will take between 2-5 days. However, during busy seasons, processing times may be extended. For information on any delays, please reference the banner at the top of our website.
Currently, we do not offer expedited shipping for domestic orders.
(iv) International Orders:
If you are outside the US, your order will be shipped via USPS First Class International. You may typically expect your order to be processed, made, and shipped between 1-3 business days from the date the order was placed (excluding weekends and holidays). There is no tracking available beyond the US postal system. Packages may take up to 6-8 weeks to arrive depending on the country. However, during busy seasons, processing times may be extended. For information on any delays please reference the banner at the top of our website.
The customer is responsible for any additional fees that may apply to your package once it arrives in your country (taxes, tariffs, customs, duties, etc.). These fees are set by and paid to your country, and are not paid to GEMS by Laura.
We are not responsible for change of address or packages lost or delayed in the mail system for International orders.
Countries we ship to: USA, Canada, Australia, Austria, Belgium, Costa Rica, Denmark, Finland, France, Germany, Hong Kong, Iceland, Ireland, Isle of Man, Israel, Italy, Japan, Kuwait, Lichtenstein, Luxembourg, Mexico, Monaco, Montenegro, Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Russia, South Korea, Spain, Sweden, Switzerland, United Kingdom.
Currently, we do not offer expedited shipping for international orders.
Every order will receive tracking information via email as soon as the shipping label has been printed by our fulfillment team. This happens approximately 1-3 business days (excluding weekends and holidays) after the order has been placed. USPS does not always update tracking information immediately. Please allow up to 24 hours for your tracking number to be scanned and updated by USPS.
(v) Returns & Exchanges
We’re happy to help with your return/exchange. Any product that is unused and unworn, in its original packaging, and has been purchased within the last 14 days is eligible for return.
Please inspect your item when you receive it as returns that don’t follow these guidelines won’t be accepted. Once we receive an eligible return, your return/exchange will be processed.
(vi) Return Criteria:
-In original condition (unworn)
-With original packaging
-Purchased within last 14 days
-International orders are not eligible for returns/exchanges
If an item is returned that does not follow our return guidelines, such as missing boxes, damaged, or used we reserve the right to not offer a full refund. Refunds can only be credited to your original form of payment or a gift card. If the product was a gift, your credit will be issued as a GEMs eGift Card.
(vii) Steps to return/exchange:
- Email our customer service at email@example.com the following information:
-Original Order Number
-Explain which action you’d like to take:
- Replace with another of the same item
- Exchange for a different item
- Exchange for a different size of the same item
- Receive a refund to your original payment method, minus a $4 handling fee
-List items you want to return/exchange
- Wait for a reply from our customer service team for further instructions.
Please note that our policies are subject to change. Refer to this page to read our current policy.
Timeframe -- Free up to 60 days from delivery date even after standard or reasonable use of jewelry
We stand by our products 100% and pride ourselves for having an amazing team working hard to ensure the highest quality work possible. care about your satisfaction. However, mistakes do happen, and we care about your satisfaction so we will take care of you at no cost to you. Our 60-day guarantee covers the following:
Manufacturing defects -- broken chain, faulty clasp, broken bracelet, chipped bead/s, etc.
Errors/Item Missing -- wrong size received, item missing from order
If one of the above apply to your order please contact our customer service team (firstname.lastname@example.org) to make a claim.
Not covered under guarantee (non-returnable, no exceptions)
-Items that have been modified or personalized by Customer or third party
-Accidental damage (including but not limited to washing machine, torn, melted, lost, or related damages)
-International orders, sale items, and in-person sales
On occasion, orders checking out using Sezzle may allow for an accidental overselling incident because Sezzle is unable to keep live inventory updated. In these circumstances, the last order using Sezzle to checkout will be refunded for the item in question at the time of order fulfillment.
SECTION 22 – AMAZON ASSOCIATES
This website is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.