Terms and Conditions of Use | Gemwheel, second-hand jewelry

Last updated September 2023

The following terms of use (the "Terms of Use") contain the terms and conditions that apply to you and your access and use of the Website, the policies, conditions, notices set forth on the Website, and the information, tools, products, and services available on the Website, if any (collectively, the "Website"). The Website is operated by the École de gemmologie de Montréal inc., (hereinafter referred to as: "Gemwheel", "we", "our" or "us").

Your use of the Website (and any other feature, content, or application offered by the Website) is at all times subject to these Terms of Use, as they may be modified by us at our sole discretion, and to all applicable laws, rules, and regulations. We recommend that you read these Terms of Use carefully.

Acceptance

By accessing or using any part of our Website and/or purchasing a service or product from us or through us, you agree to be bound by the following Terms of Use. If you do not accept all of the Terms of Use, you may not access the Website or use it. These Terms of Use apply to all users of the Website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.

We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or modifications on our Website. It is the user's responsibility to check this page periodically to see if any changes have been made. If you have created an account or subscribed to our newsletter, we will notify you by email in case of changes to these Terms of Use. Continuing to use the Website or access it after the posting of changes constitutes acceptance of those changes.

Eligibility

By accessing and using the Website and the services provided, you declare and warrant that: (a) all information you submit is true and accurate; (b) you will maintain the accuracy of this information; (c) you are of legal age in your country, province, or state of residence; and (d) your use of the Website does not violate any applicable law, rule, or regulation.

The content and information we publish on the Website may only be used by you for informational, personal, or other purposes authorized by us. We reserve the right to refuse service to anyone for any reason at any time.

Prohibited use of the Website

You are prohibited from using the Website for any unauthorized use or for illegal or unlawful purposes. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Website and may expose you to legal liability. Any illegal or unauthorized use of the Website may result in appropriate legal action. We may remove any unauthorized content, links, etc. without notice. Examples of unauthorized, illegal, or unlawful use of the Website include, but are not limited to:

Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, for example, images and text), in whole or in part, on the Website without our express written permission;
Reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Website, including services or products, without our express written permission;
Submitting false or misleading information;
Collecting usernames and/or email addresses of users for the purpose of sending unsolicited emails;
Using framing or a similar technique without our express written permission;
Creating or maintaining a link between another website and a page of the Website without our prior written permission;
Using the Website for obscene or immoral purposes;
Criminal or tortious activity, including fraud, spamming, spimming (spam via instant messaging), sending viruses, bugs, malware, or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
The retrieval or hiding of advertisements on the website;
Any automated use of any system, such as using scripts to modify content;
Interfering with, disrupting, or overloading the Website or the networks, systems, or services connected to the Website;
The use of an automated system or software to extract data from the Website for commercial purposes (including "screen scraping");
Attempt to impersonate another user or another person;
Use another user's account, username, or password or disclose your password, if applicable, to a third party or allow a third party to access your account;
Display advertising or accept payment or any other item of value from a third party in exchange for conducting a business activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
Use the Website for harassment, threats, defamation, abuse, obscenity, or invasion of privacy; or
Use the Website in a manner that is inconsistent with any applicable law, rule, or regulation.

Accounts

It is possible to create an account on our Website. However, to purchase on Gemwheel, you do not necessarily need to have an account on our Website and provide the requested information when creating this account. It will be possible to purchase items as a guest.

The submission of personal information through your account is governed by our Privacy Policy [insert link]. In addition to any rights or remedies we may have under these Terms of Use or applicable law, we may limit, suspend, or terminate your access to the Website or other platforms (including, without limitation, your account) at any time, with or without notice, and with or without cause. We may also report any information regarding illegal activities, including your identity, to the appropriate authorities.

Purchase of items

When you purchase one or more item(s) on the Website, you agree that:

You have inquired, before any purchase, about the fees you may incur, such as customs fees, duties, and taxes.
You have asked Gemwheel all the questions you wished to ask and requested more photos of the item if you deemed it necessary.
You acknowledge that the purchased item is representative of the seller's listing and that you have read the item description in its entirety and the information about the seller.
When you purchase an item, you must indicate to Gemwheel whether you want the item delivered to you or if you prefer to pick it up at the Gemwheel location in person. If applicable, you must make an appointment with Gemwheel at least forty-eight (48) hours in advance to pick up the item.
Gemwheel will provide proof of shipment of the item when it is dispatched.
You will assume responsibility and ownership of the purchased item as soon as it is delivered to the agreed delivery address or, if you do not have the purchased item delivered, as soon as you have it in your possession. Gemwheel is not responsible for the loss or damage of the item during shipping. The buyer is responsible for obtaining any insurance to cover the loss or damage that the item may suffer during shipping.
In the event that you have not received the item within a reasonable time following its shipment, you are responsible for taking all necessary steps with your insurance company to obtain a refund.

Sale of items

When you sell one or more item(s) while using the Website, you agree that:

You acknowledge that Gemwheel may, at its sole discretion, refuse or remove any item page at any time for any reason of its choice, including, but not limited to, non-compliance with these terms of use, providing inaccurate information about an item, and selling jewelry purchased during an employee sale or press sale.
You will not make false representations, create false expectations, or mislead a potential buyer regarding each of your listings related to the sale of items.
You will inform Gemwheel if updates to your listings regarding items for sale are required.
You acknowledge that it will no longer be possible to modify the listing once the item is sold.
Each listing contains a detailed description of the item for sale so that a potential buyer understands the actual condition, including any defects or wear of the item and its features.
Each product will be displayed for a minimum price of $300. Gemwheel reserves the right to contact the seller to suggest a different price for the item. If applicable, you must choose a price that falls within the price range suggested by Gemwheel to sell your item on the Website.
In the event of a change in the sale price, the old price must continue to be displayed on the item page.
You agree that taxes will be added to the stated price. Any other related fees will not be indicated in the stated price.
You guarantee that you are the sole owner of the item put up for sale and that no security interest encumbers this item. You agree to provide any document supporting your ownership rights at the request of Gemwheel.
The sale of the item you have put up for sale does not violate any law, regulation, contract, or agreement, nor any rights of a third party, including any intellectual property rights, and does not contain any prohibited items, including but not limited to ivory, corals, or diamonds related to armed conflict.
You acknowledge that the item put up for sale will be automatically verified and authenticated by Gemwheel, particularly to combat fraud. Gemwheel reserves the right to request any document related to the item.
In the event that the item is the result of a counterfeit, you acknowledge that Gemwheel will not be able to proceed with the sale of it, that your account will be suspended, and that the item may be handed over to the authorities.
Upon the sale of an item, which will be confirmed to you by Gemwheel via email, you must send the item to Gemwheel's location at your expense or come to drop it off in person. You must send proof of shipment to Gemwheel, if applicable. You must keep the proof of shipment for one month following the sale of the item.
You agree to send the sold item to Gemwheel within 6 business days following the sale of the item. It is prohibited to add brochures, pamphlets, or other advertising materials with the item. In the event that Gemwheel does not receive the item within 15 business days following the sale, the sale will be canceled and the buyer will be refunded.
The sold item received by Gemwheel must be clean and in packaging that protects it from damage. In the event that Gemwheel has to clean the item, cleaning fees will be charged to you.
You guarantee that you have subscribed to all necessary insurance for the sale and shipping of the items.

The sale fees and the following bank fees will be deducted from the price paid by the buyer:

SALE PRICE		FEES SALE
- Between $300 and $9,999		15%
- Between $10,000 and $19,999		13%
- $20,000 and above		11%

Gemwheel will pay you the sale amount, following the deductions described in these Terms of Use, five business days after the item is received by the buyer. You can receive this amount via Interac transfer, PayPal, or bank transfer. The seller must provide the necessary information to Gemwheel so that it can proceed with the payment.
You must provide after-sales service adhering to the highest standards in the industry, including, but not limited to, providing Gemwheel with any information related to any buyer inquiries or, at Gemwheel's request, sending photos of the product.
You agree that Gemwheel may, in exceptional cases, purchase any item at the price displayed in the listing.
You agree that any product sale made via Gemwheel is a final sale. Notwithstanding the foregoing, you agree that to the extent the product is damaged upon receipt by the buyer, is a counterfeit, a prohibited item, or does not conform to the description you provided, you will be responsible for the return shipping costs of the item to Gemwheel.
In the event that you no longer wish to sell an item, you will immediately communicate with Gemwheel to have the item removed from the Website.
You will not sell any item listed for sale on our Website on another website.
You will not contact or attempt to contact any potential buyer from our Website by any means other than the Website.
In case of a problem with the platform, you will contact us without delay.

Verification

You acknowledge and agree that the laboratory of the Gemmology Institute of Montreal will verify any item sold on the Website, including, but not limited to, the verification and authentication of the stone(s) and materials of the item.

Links to other websites

The Website may provide you with links or other access to other websites, services, products, or content from third parties ("Third-party Sites"). Gemwheel does not endorse, monitor, or have any control over these third-party sites.

You acknowledge and agree that we provide access to these third-party sites "as is" and "as available" without any warranty, representation, or condition of any kind and without any endorsement. We will have no liability whatsoever arising from or related to your use of optional third-party sites. You acknowledge and agree that you access these third-party sites at your own risk and that you are fully responsible for your own independent judgment regarding your use or interaction with these sites. We recommend that you read the Terms of Use and privacy policies of each third-party site you access.

Payments

All payments made in connection with your use of our Website are processed on an external server. Gemwheel does not process any payments. Payment processing is managed by a payment processor of which you will be informed at the time of the transaction. At the time of payment, you will be redirected to the website or platform of our payment processor. The amount of the selected items will be indicated, and by agreeing to pay with the payment method you have added to your account, you accept the amount and authorize the payment processor or Gemwheel to debit the amount. You must pay the full amount in one go at the time of the initial payment. It is understood that, in accordance with Article 8, we will have no liability regarding the use of our payment processor and that you must accept each of the terms, conditions, and policies that the payment processor requires your acceptance to be able to make a transaction on our Website.

At the time of payment, you must ensure that all your information, including your shipping address, billing address, and payment method, is accurate and truthful. In case of incorrect information provided, we will not assume any responsibility.

We will collect and store your payment information in accordance with our Privacy Policy. The privacy policy of our payment processor will also apply.

We will send you an invoice each time you make a payment while using our Website. Gemwheel hereby reserves the right to correct any error or mistake made in relation to the amount charged for paid Services, even if an amount has already been charged for said paid Services. To the extent that an amount has already been charged, Gemwheel will contact you to inform you of the error or mistake made and the corrections to be made.

You must ensure at all times that your registered payment methods are complete, accurate, and up to date. In the event of a potential or actual breach of your account's security, you must immediately contact Gemwheel and/or the payment processor.

In addition to the amount paid at the time of your order, you will be required to pay any amount that cannot be calculated at the time of the order, including customs fees, delivery charges, and certain taxes payable at the time of delivery of the ordered item on our Website.

If your payment is not accepted by our payment processor, you will not be able to order the desired item. If our payment processor validates the payment without you ultimately being able to complete the payment, you authorize us to recover the payment by any means available to us, including charging another payment method on file with your account, engaging a legal advisor, requesting the applicable payment processor to deduct the amount you owe from your balance, or by any other means available to Gemwheel under applicable law.

Ownership

The entire content of the Website (including, but not limited to, text, graphics, icons, images, clips, and software) (the “Website Content”) is protected by copyright, trademark, and other laws. This Website Content is intended solely for personal and non-commercial use (other than purchasing goods on our Website) by users of the Website. No right, title, or interest in any material or software downloaded is transferred to you as a result of any use. You are not permitted to reproduce (except as stated above), publish, transmit, distribute, display, modify, create derivative works, sell, or participate in the sale of, or exploit in any way, in whole or in part, the Website Content, the Website, or any related software. The names, logos, slogans, icons, and trademarks on the Website are the exclusive property of Gemwheel, all rights reserved. Unless otherwise indicated, any other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights to the site, its content, its services, and its products.

Obligations in case of sale

As a seller of items on our Website, you are responsible for paying taxes, duties, fees, or any other charges related to the sale of items on our Website. We do not provide any advice in this regard, and it is your responsibility to consult competent professionals for guidance in these matters. Therefore, you are solely responsible for any tax obligations to local or federal governments related to your use of the Website, including, but not limited to, all taxes. Under no circumstances does Gemwheel collect or charge sales tax from buyers. You understand that you are solely responsible for collecting and paying all sales taxes and other applicable taxes on sales made through the Website.

The buyer is responsible for paying customs fees. In the case of any other fees, you are solely responsible for settling those fees and it is your responsibility to include it in your selling prices. Shipping fees will be calculated at the time of sale of the item and may vary based on the delivery address.

As a seller, you must complete and return all documents and/or forms sent for reporting purposes by Gemwheel in a timely manner within two (2) weeks of receiving such documents by email or by mail. If you fail to return the documents and/or completed documents in a timely manner, Gemwheel will hold you responsible for any damages incurred as a result of this negligence.

Terms

These Terms of Use will remain in effect as long as you use or access the Website or have an account on the Website.

We reserve the right to terminate these Terms of Use at our sole discretion, without cause and without notice. We may also terminate these Terms of Use if, in our sole judgment, you fail to comply with, or we suspect that you have failed to comply with, any of the terms or provisions of these Terms of Use. If we terminate these Terms of Use, you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our services or products (or any part thereof).

Indemnification

You agree to indemnify, defend, and hold harmless Gemwheel and our parents, subsidiaries, affiliates, partners, officers, directors, agents, consultants, licensors, service providers, contractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party (including, without limitation, any breach of your representations and warranties set forth herein).

Exclusion of warranties

YOU USE THE WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON THE WEBSITE OR ACCESSIBLE THROUGH IT, IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENT, AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR ANY MATERIAL OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT AND ERRORS CONTAINED THEREIN. THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS.

IN NO EVENT SHALL GEMWHEEL, OUR ADMINISTRATORS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSE GRANTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCTS OR SERVICES) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.

GEMWHEEL DOES NOT SELL ANY ITEMS THROUGH THE WEBSITE. GEMWHEEL ONLY PROVIDES THE PLATFORM WHERE TRANSACTIONS TAKE PLACE. ANY ITEM LISTED ON THE WEBSITE IS DISPLAYED AND SOLD DIRECTLY BY INDEPENDENT SELLERS. YOU RELEASE GEMWHEEL FROM ANY LIABILITY REGARDING CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, FALSE OR MISLEADING REPRESENTATIONS BY A SELLER.

Entirety

The provisions of the Terms of Use constitute the entire agreement between Gemwheel and its successors, assigns, and related parties, and you and your heirs, executors, administrators, successors, permitted assigns, and your personal representatives. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary or eliminated so that the Terms of Use remain fully valid, in effect, and enforceable. Any ambiguity regarding the interpretation of the Terms of Use shall not be construed against us. You may not assign the Terms of Use or the rights and obligations they confer upon you without our express written consent. We may assign the Terms of Use and the rights and obligations they confer upon us without any notice. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not be deemed or interpreted as a waiver of such right or provision.

Governing Law and Dispute Resolution

The Terms of Use are governed by and interpreted in accordance with the laws of the province of Quebec, Canada, and the applicable laws of Canada.

Changes to the Terms of Use

You can view the most recent version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our Website. It is your responsibility to check periodically if our Website has been modified. Continued use or access to our Website or the purchase of products or services provided on the Website after the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact Information

If you have any questions regarding the Terms of Use, please contact us at info@gem-wheel.com