TERMS AND CONDITIONS

Last updated on September 2023

TERMS OF USE

 

The following terms and conditions of use (the "Terms of Use") contain the terms and conditions that apply to you and your access to and use of the Website, the policies, terms, 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 École de gemmologie de Montréal inc. (hereinafter “Gemwheel", "we", "us" or "our"). 

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

1. Acceptance

By accessing or using any part of our Website and/or purchasing a service or product from or through us, you agree to be bound by the following Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use the Website. 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 changes on our Website. It is the user's responsibility to periodically check this page for changes. If you have created an account or subscribed to our newsletter, we will notify you by email if these Terms of Use are changed. Your continued use of or access to the Website following the posting of changes constitutes acceptance of those changes. 

2. Eligibility

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

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

3. Prohibited use of the Website

You are prohibited from using the Website for any unauthorized use or for any illegal or unlawful purpose. 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 subject 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: 

• Copy, modify, display, perform, distribute, republish or retransmit any content or materials (including, for example, images and text), in whole or in part, on the Website without our express written permission;

 

• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, including the services or products, without our express written permission;

 

• Submit false or misleading information;

 

• Collect user names and/or user e-mail addresses for the purpose of sending unsolicited e-mail;

 

• Use framing or similar techniques without our express written permission;

 

• Creating or maintaining a link from another website to any 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 (instant message spam), sending viruses, bugs, malware or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

 

• Covering up or blocking banner ads on the Website;

 

• Any automated use of any system, such as the use of scripts to modify content;

 

• Interfering with, disrupting or overloading the Website or any networks, systems or services connected to the Website;

 

• Using any automated system or software to extract data from the Website for commercial purposes (including "screen scraping");

 

• Attempting to impersonate another user or person;

 

• Use another user's account, username or password or disclose your password, if any, to a third party or allow a third party to access your account;

 

• Post an advertisement or accept payment or anything of value from a third party in exchange for performing a commercial activity on or through the Website on that person's behalf, 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 inconsistent with any applicable law, rule or regulation.

 

4. Accounts

 

It is possible to create an account on our Website. However, in order to purchase on Gemwheel, you do not need to create an account on our Website and provide the information requested when creating the 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 https://gem-wheel.com/en/pages/politique-de-confidentialite 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 transmit any information about illegal activities, including your identity, to the appropriate authorities.

5. Purchase of items

 

When you purchase one or more items from the Website, you agree that:

• You have inquired, before any purchase, about the costs you may incur, such as customs fees, duties and taxes.

 

• You have asked Gemwheel all the questions you wanted to ask and asked for more pictures of the item if you thought it necessary.

 

• You acknowledge that the item purchased is representative of the seller's listing and that you have read the entire item description and seller information.

 

• When you purchase an item, you will need to tell Gemwheel whether you want the item delivered to you or whether you want to pick it up at Gemwheel's location in person. In the latter case, you must make an appointment with Gemwheel at least twenty-four (24) hours in advance to pick up the item.

 

• Gemwheel will provide proof of shipment of the item when the item is shipped.

 

• You will assume responsibility and ownership of the purchased item once it is delivered to the agreed delivery address or, if you do not have the purchased item delivered, once 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 taking out any insurance to cover the loss or damage that the item may suffer during shipment.

 

• If you do not receive the item within a reasonable time following shipment, you are responsible for making all necessary arrangements with your insurance company to obtain a refund.

 

6. Sale of items

 

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

 

• You acknowledge that Gemwheel may, in its sole discretion, refuse or remove any page from an item at any time for any reason of its choosing, including, but not limited to, failure to comply with these Terms of Use, providing inaccurate information about an item, and selling jewelry purchased at an employee sale or press sale.

 

• You will not misrepresent, create false expectations or mislead a potential buyer regarding any of your postings related to the sale of items.

 

• You will notify Gemwheel if updates to your postings regarding sale items are required.

 

• You acknowledge that it will not be possible to change the posting once the item is sold.

 

• Each posting contains a detailed description of the item for sale so that a potential buyer understands the actual condition, including any defects or wear and tear on the item, of the item and its features.

 

• Each product will be posted for a minimum price of $200. Gemwheel reserves the right to contact the seller to suggest a different price for the item. In this case, you must choose a price within the price range suggested by Gemwheel to sell your item on the Website.

 

• If the selling price is changed, the old price shall continue to be displayed on the item page.

 

• You agree that taxes will be added to the listed price. Any other related charges will not be included in the listed price.

 

• You warrant that you are the sole owner of the item offered for sale and that the item is of any security interest, charge or other lien. You agree to provide any documentation supporting your ownership upon Gemwheel's request.

 

• The sale of the item you offer for sale does not violate any law, regulation, contract or agreement, nor any third party rights, 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 offered for sale will be automatically verified and authenticated by Gemwheel, including for fraud prevention purposes. Gemwheel reserves the right to ask you for any document related to the item.

 

• In the event that the item is the result of counterfeiting, you acknowledge that Gemwheel will not be able to proceed with the sale of the item, your account will be suspended and the item may be handed over to the authorities.

 

• Upon sale of an item, which will be confirmed by Gemwheel via email, you shall send the item to Gemwheel's office at your own expense or drop it off in person. You shall send the proof of shipment to Gemwheel, if any. You must keep the proof of shipment for one month after the sale of the item.

 

• You agree to send the sold item to Gemwheel within 6 business days after the item is sold. You are not allowed to include brochures, pamphlets or other advertising materials with the item. In the event that Gemwheel does not receive the item within 15 business days after the sale, the sale will be cancelled and the buyer will be refunded.

 

• The sold item received by Gemwheel must be clean and in a package that protects it from damage. If Gemwheel needs to clean the item, you will be charged a cleaning fee.

 

• You warrant that you have taken out all necessary insurance for the sale and shipment of the items.

 

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

 

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

 

• Gemwheel will pay you the amount of the sale, subject to the deductions described in these Terms of Use, five days after the buyer receives the item. You may receive the amount via Interac transfer, Paypal or bank transfer. The seller shall provide the necessary information to Gemwheel to process the payment.

 

• You shall provide after-sales service in accordance with the highest industry standards, including but not limited to providing Gemwheel with any information related to any buyer's questions or, upon Gemwheel's request, sending product photos.

 

• You agree that Gemwheel may, on an exceptional basis, purchase any item at the price posted in the publication.

 

• You agree that any sale of product made through Gemwheel is a final sale. Notwithstanding the above, you agree that if the product is damaged upon receipt by the buyer, is a counterfeit, is a prohibited item, or does not conform to the description you made of it, you shall pay the return shipping costs of the item to Gemwheel.

 

• If you no longer wish to sell an item, you will immediately contact Gemwheel to have the item removed from the Website.

 

• You will not sell any item offered for sale on our Website on any other website.

 

• You will not contact or attempt to contact any potential buyer of our Website by any means other than the Website.

 

• If you have any problems with the platform, you will contact us immediately.

 

7. Verification

 

You acknowledge and agree that Institut de Gemmologie de Montréal’s laboratory will verify any item sold on the Website, including, but not limited to, verification and authentication of the stone(s) and materials of the item.

8. Links to Other Websites

 

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

 

You acknowledge and agree that we provide access to such Third-Party Sites on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of optional third-party sites. You acknowledge and agree that you access such third-party sites at your own risk and that you are solely responsible for your own independent judgment regarding your use of or interaction with such sites. We recommend that you read the Terms of Use and privacy policies of each third-party site you access.

 

9. 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 handled by a payment processor, the identity of which you will be informed of 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 shown 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 amount in full at the time of the initial payment. You understand that, in accordance with Section 8, we will have no liability for the use of our payment processor and that you must agree to each and every term, condition and policy that the payment processor requires you to accept in order to complete 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 true. In the event of incorrect information being 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 errors or mistakes made in connection with the amount charged for the Paid Services, even if an amount has already been charged for such Paid Services. To the extent that an amount has already been charged, Gemwheel will contact you to inform you of the error or mistake and the corrections to be made.

 

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

 

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 and certain taxes payable at the time of delivery of the item ordered from 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 but you are unable to ultimately make payment, you authorize us to collect payment by any means available to us, including debiting another payment method registered to your account, seeking legal counsel, 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. 

 

10. Property

 

The entire content of the Website (including, without limitation, 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, non-commercial use (other than the purchase of merchandise from our Website) by users of the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in the sale of, or in any way exploit in whole or in part, any of 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, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights to the Website, its content, services and products.

 

11. Obligations in the event of a sale

 

As a seller of items on our Website, you are responsible for paying any taxes, income taxes, assessments or other fees associated with the sale of items on our Website. We do not provide any advice in this regard, and it is your responsibility to consult with the appropriate professionals to advise you in these matters. Accordingly, you are solely responsible for any tax liability to local or federal governments in connection with your use of the Website, including, but not limited to, any taxes. Under no circumstances does Gemwheel collect or charge sales taxes to buyers. You understand that you are solely responsible for collecting and paying all sales and other appropriate taxes on sales made through the Website.

 

Buyer is responsible for paying any customs fees. If there are any other charges, you are solely responsible for paying these charges and it is your responsibility to include them in your selling price. Shipping charges will be calculated at the time of sale of the item and may vary depending on the shipping address.

 

As the 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 receipt of said documents by email or mail. If you fail to return the documents and/or completed forms in a timely manner, Gemwheel will hold you responsible for any damages incurred as a result of such failure. 

 

12. Duration

 

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 in 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, or we suspect that you have failed to comply, with any term or provision 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 portion thereof).

 

13. Indemnification

 

You agree to indemnify, defend and hold harmless Gemwheel and our parent entities, 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 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).

 

 

 

14. Warranty exclusions

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLIANCE 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 OR ACCESSIBLE THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY 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 MATERIALS 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 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ERRORS CONTAINED THEREIN. THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS.

 

IN NO EVENT SHALL GEMWHEEL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES, 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 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 OCCUR. ANY ITEM OFFERED FOR SALE ON THE WEBSITE IS POSTED AND SOLD DIRECTLY BY INDEPENDENT SELLERS. YOU RELEASE GEMWHEEL FROM ANY AND ALL LIABILITY FOR CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, FALSE OR MISLEADING REPRESENTATIONS BY A SELLER.

 

15. Entirety

 

The provisions of the Terms of Use constitute the entire agreement between Gemwheel and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. If any provision of the Terms of Use is found to be unenforceable or invalid, such provision shall be limited to the minimum extent necessary or eliminated so that the Terms of Use shall remain in full force and 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 your rights and obligations under them without our express written consent.  We may assign the Terms of Use and our rights and obligations under them without notice. Our failure to exercise or enforce any right or provision of the Terms of Use shall not be deemed or construed as a waiver of such right or provision.

 

16. Governing Law and Dispute Resolution

 

The Terms of Use shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the laws of Canada applicable therein.

 

17. Changes to the Terms of Use

 

The most current version of the Terms of Use may be viewed 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 periodically check our Website for changes. Your continued use of or access to our Website or 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.

 

18 Contact Information

 

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