Terms & Conditions
1.1 You are connected to the Terms and Conditions for Gemma de Chamarel Ltd of Level 3, 207 Regent Street, London W1B 3HH, United Kingdom and www.gemmadechamarel.com.
1.2 The Terms and Conditions of Sale ("Sales Terms") and the Terms and Conditions of Website Use ("Website Use Terms"), together with our Privacy Policy, set out the legal Terms and Conditions ("Terms") by which we sell and you the Client purchase fine jewellery Products (“Products”) listed on our Website and Bespoke Orders.
1.3 References in this Agreement to “we”, “us” or “our” mean Gemma de Chamarel Ltd and/or www.gemmadechamarel.com. References to “you” and/or “your” mean the purchaser buying Products or Bespoke Orders from us subject to these Terms and Conditions. References to “the Website” mean www.gemmadechamarel.com.
1.4 Please read these Terms and Conditions carefully before you use the Website and/or purchase a Product or Bespoke Order. By using our Website you indicate that you accept and abide by these Terms and Conditions.
1.5 These Terms and Conditions and your use of our Website will be governed by and construed in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
1.6 Nothing contained in these Terms and Conditions of Sale and Terms and Conditions of Website Use in any way affects your statutory rights.
Terms and Conditions of Sale
General
2.1 Gemma de Chamarel Ltd offers fine jewellery products (“Products”). These are defined as designs by Gemma de Chamarel Ltd as listed on www.gemmadechamarel.com.
2.2 Gemma de Chamarel Ltd also offers a Bespoke jewellery service (“Bespoke Orders”).
2.3 The purchase of Products and Bespoke Orders through the Website (www.gemmadechamarel.com), in writing (at info@gemmadechamarel.com) or over the telephone, is subject to the Terms and Conditions of Sale ("Sales Terms").
2.4 These Sales Terms will apply to any contract between us for the sale of Products or Bespoke Orders to you ("Contract").
2.5 We may occasionally revise these Sales Terms as they apply to your purchase to reflect changes in relevant laws or regulatory requirements. Every time you wish to purchase Products or Bespoke Orders please check these Sales Terms to ensure you understand the terms and conditions which will apply at that time.
Sales Contract
3.1 We supply Products and Bespoke Orders for domestic and private use only.
3.2 Orders placed by you on the Website www.gemmadechamarel.com for Products offered by us are only an offer to conclude a sales contract. The sales contract is entered into upon us confirming to you by email the order as per Clause 4.4.
3.3 You are the individual or individuals placing the order. You must be 18 years or over to place an order and to enter into a contract with us.
3.4 This contract is between you, the Client, and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these Sales Terms.
3.5 We rely upon these Sales Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by ourselves, please make sure you ask us for any variations from these Sales Terms to be confirmed in writing.
Order Placement for Products
4.1 Our Website will guide you through the steps you need to take to place an order with us for a Product. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each stage of the order process.
4.2 After you have placed an order, you will receive an Order Acknowledgement e-mail from us. This does not mean that your order has been confirmed. Our acceptance of your order will take place as described in clause 4.4.
4.3 If a Product is not in stock we will inform you of this by email and will give you, the Client, the option of a full refund or delivery of the Product within twenty (20) working days.
4.4 We will confirm your order by sending you an Order Confirmation e-mail at which point you have entered into a contract with us.
4.5 We will endeavour to deliver Products held in stock to addresses in the United Kingdom within five (5) working days from the date we email you the Order Confirmation.
4.6 If we are unable to verify the delivery address which you provided in your order we will inform you of this by email. We will not confirm your order until we have an address which we can verify.
4.7 We will not confirm or dispatch your order until we have received your payment.
4.8 We will then send you a Dispatch Confirmation email that confirms that the Product(s) have been dispatched to you at the address which you specified in your order.
Pricing of Products
5.1 Our site contains a large number of Products and it is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
5.2 We will confirm the price of the Product(s) that you have ordered in our Order Confirmation email to you.
5.3 If we confirm your order where a pricing error is obvious and unmistakeable and could have reasonably been recognised as an error, we may:
5.3.1 Terminate the Contract, refund your payment and require you to return to us at our expense the Product(s) you purchased; or
5.3.2 Ask you the Client to pay the balance in price.
Payment for Products
6.1 We accept all major credit cards (American Express / MasterCard / Visa) and debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron).
6.2 We must receive payment before we confirm your order and dispatch your Product(s). Please see below for payment terms for Bespoke Orders.
Delivery of Products
7.1 Gemma de Chamarel Ltd is not liable for any damage or delay to or loss of Products after the postal company and/or courier has accepted the Product(s) for delivery. In the event of damage, loss or delay you the Client must claim directly with the postal company and/or courier.
Delivery of Products within the United Kingdom
8.1 Delivery within the United Kingdom covers England, Scotland, Northern Ireland, Wales, the Channel Islands, Scilly Isles and the Shetlands.
8.2 For United Kingdom deliveries under £2,500 we use the Royal Mail Special Delivery Next Day Service, unless the service is unavailable or we deem it to be unsuitable. For items above this value, we use a courier service.
8.3 There are some remote areas within the United Kingdom, such as the Scottish Highlands and Islands, where Royal Mail cannot guarantee next day delivery.
8.4 The delivery charge is £10.00 for all addresses within the United Kingdom.
8.5 For urgent orders to any London postcode address you may use our London Same Day Courier Service. The delivery charge is £25.00 and includes full insurance cover. Please email us at info@gemmadechamarel.com to arrange this.
International Delivery of Products
9.1 International delivery covers Africa, Asia, Australasia, Europe, the Middle East and North and South America.
9.2 International delivery is via FedEx International, unless the service is unavailable or we deem it to be unsuitable.
9.3 A Signature will be required for proof of delivery.
9.4 The International Delivery charge is £65.00.
9.5 Gemma de Chamarel Ltd is not liable for any delivery delays or custom issues.
9.6 Gemma de Chamarel Ltd is not liable to pay any additional charges for customs clearance in relation to Products entering a country other than the United Kingdom.
9.7 ALL international duties and taxes are the responsibility of you, the Client. When ordering from Gemma de Chamarel Ltd, you, the Client, are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Warranty for Products
10.1 If any Product you purchase from us is found to have a defect in material or workmanship within twelve (12) months of the date of purchase we will repair that defect and return to you the Product free of charge.
10.2 In the event that the Product cannot be repaired we will replace free of charge the Product with an identical or what we consider to be a near identical piece.
10.3 This warranty is invalidated if you allow a third party to repair or attempt to repair the Product.
10.4 In the event of a dispute as to the cause of damage, we reserve the right to send the Product(s) to a mutually agreed independent third party assessor to determine the nature of the defect.
10.4.1 Only if their judgement indicates a defect in material or workmanship will we repair or replace the Product free of charge.
10.4.2 If their judgement does not indicate a defect in material or workmanship you the Client will be liable for the cost of this independent third party assessment.
10.5 This warranty does not cover any damage to the Product due to a lack of proper care by you the Client. Please see “Fine Jewellery Care Guide” on the Website for guidance.
10.6 This warranty does not cover any damage to the Product due to fair wear and tear.
10.7 If you would like to make a warranty claim for your Product the following process must be followed:
10.7.1 Email info@gemmadechamarel.com to inform us that you would like to return your defective Product(s). You will be required to provide the Order Confirmation email or invoice.
10.7.2 We will then give you, the Client, a Returns reference number which must accompany the Product(s) you are sending us. We will also provide you with a returns address. We recommend that you use a recognised courier.
10.7.3 Return to us the Product(s) in the original packaging. Please ensure that there is no mention of jewellery on any outer packaging. If the Product is found to have a defect in material or workmanship we will refund you the Client the cost of returning the Product to us.
10.7.4 Notify us in writing at info@gemmadechamarel.com of the proof of postage and tracking information within twenty four (24) hours of postage.
10.7.5 Gemma de Chamarel Ltd accepts no liability for any loss, damage or delay to the Product(s) until receipt of delivery at Gemma de Chamarel Ltd, PO Box 77708, London SW11 9QE, United Kingdom.
Product Returns
11.1 If you are not entirely satisfied with the purchase of your Product, you can return it within a 'cooling off' period of fourteen (14) days from date of delivery. We will exchange the Product for an item of the same value or arrange for a full refund.
11.2 We do not accept returns after fourteen (14) days from the day of delivery.
11.3 If you would like an exchange or full refund for your Product then the following process must be followed:
11.3.1 Email info@gemmadechamarel.com to inform us that you would like to return your Product(s). You will be required to provide the Order Confirmation email or invoice.
11.3.2 We will then give you, the Client, a Returns reference number which must accompany the Product(s) you are returning to us. We will also provide you with a returns address.
11.3.3 Return the Product(s) in the original packaging, including any relevant gemstone certificates. Please ensure that there is no mention of jewellery on any outer packaging. We recommend that you use a recognised courier.
11.3.4 We will charge you a replacement fee of £125 for a new certificate if not returned.
11.3.5 Notify us in writing at info@gemmadechamarel.com of the proof of postage and tracking information within twenty four (24) hours of postage.
11.4 Gemma de Chamarel Ltd accepts no liability for any loss, damage or delay to the Product(s) until receipt of delivery at Gemma de Chamarel Ltd, PO Box 77708, London SW11 9QE, United Kingdom.
11.5 You, the Client, must return to us the Product(s) in perfect condition. We will undertake a quality check of the Product(s) to verify that the gemstones and the precious metal are in their original conditions.
11.6 The Product(s) must not have been worn and must have retained the security tag.
11.7 The Client is responsible for all delivery costs and must ensure that the Product is fully insured.
11.8 Once we have received and checked the Product(s) we will confirm to you in writing, quoting your Returns reference number, any further course of action if necessary.
11.9 We will refund any money received from you, the Client, using the same method originally used by you to pay for your purchase within thirty (30) days of receipt of the Product(s), provided the requirements in clauses 11.3, 11.5 and 11.6 have been met.
11.10 We reserve the right to refuse refund or exchange if the Product has been worn, shows any damage or if the security tag has been removed.
11.11 A right of return does not exist with regard to Products made to order according to your specifications (including rings), personalised or which are not suitable for return due to their nature and/or constitution.
11.12 If the Client is returning a Product from outside the United Kingdom, the Client is responsible for any taxes, duties and customs levied.
Bespoke Orders
12.1 The creation of Bespoke Orders will be undertaken in full confidence and discretion of the Client ordering the commission. From time to time, we may request in writing that the design is recreated for further sales or marketing purposes. This will only be done with the full written agreement of you the Client.
12.2 All of our designs and all rights associated with our designs, including Bespoke Orders, are owned by Gemma de Chamarel Ltd and remain our intellectual property. That means that to use these designs for any purpose without our permission would be an infringement of English Law. The client requesting the commission should not share the designs with a competitor or any other third party.
12.3 We do not allow the Client who has commissioned the piece to market and/or sell the Bespoke Order as their own.
12.4 We will provide a written estimate of the cost of undertaking the Bespoke Order at any stage as requested by the Client. The estimate is an approximation of the cost of the work being undertaken and is based upon similar prior work and the costs, among others, of the precious metals, gemstones used and manufacturing and shipping costs.
12.5 This estimated price does not constitute the final and confirmed price and at no stage will Gemma de Chamarel Ltd be liable to uphold an estimate.
12.6 After you the Client has approved and confirmed in writing the final design of the Bespoke Order we will provide you the Client in writing a final quote. A written quote from Gemma de Chamarel Ltd formalises a previous estimate and confirms the current price of your order.
12.7 We will hold this price for seven (7) days only from the date we issued to you in writing the final quote. After this time, we will provide you the Client with a new written quote.
12.8 After you the Client has approved and confirmed in writing our quote for your Bespoke Order we will confirm in writing the order, including final design and price. At this stage you the Client have entered into a Contract with Gemma de Chamarel Ltd.
12.9 Bespoke Orders require a 50% deposit upon our confirmation of the order. Work on your Bespoke Order will not start until Gemma de Chamarel Ltd has received your 50% deposit.
12.10 We will notify you the Client in writing once the Bespoke Order is ready to be dispatched to you.
12.11 The Client must pay within seven (7) days the outstanding 50% balance. We will not dispatch to the Client Bespoke Orders until payment has been received.
12.12 Gemma de Chamarel Ltd is not liable for any damage or delay to or loss of Bespoke Orders after the postal company and/or courier has accepted the Bespoke Orders for delivery. In the event of damage, loss or delay you the Client must claim directly with the postal company and/or courier.
12.13 The production and delivery timescale of Bespoke Orders is dependent on a number of factors, including the complexity of the item commissioned. We estimate an average timeframe of eight (8) weeks from start of production to delivery of the item.
12.14 All Bespoke Orders are payable by major credit card (American Express / MasterCard / Visa) or debit card (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron).
12.15 Gemma de Chamarel Ltd retains sole discretion as to whether to accept or not to proceed with any Bespoke Order.
Supply, Assessment, Examination and Testing of loose stone(s) and/or item(s) of jewellery for Bespoke Orders
13.1 In the event that you the Client wishes to commission a Bespoke Order using your own loose stone(s) and/or item(s) of jewellery we will in certain instances ask the Client in writing for 'proof of origin'. This protects you and us against unethical and criminal practices. We reserve the right to refuse to proceed with the Bespoke Order if the requisite paperwork is not provided in writing.
13.2 In all instances we will need to examine the loose stone(s) and/or item(s) of jewellery to determine the correct way to proceed.
13.3 In some instances a third party jeweller will need to examine and/or test these loose stone(s) and/or item(s) of jewellery which may incur an additional cost to you the Client. Gemma de Chamarel Ltd will inform the Client of this cost in writing. Gemma de Chamarel Ltd will only send the loose stone(s) and/or items of jewellery for examination and/or testing after we have received from the Client payment for the examination and/or testing. We will send you in writing the original of the third party’s examination and/or test result.
13.4 Following examination and, if appropriate, testing of the loose stone(s) and/or item(s) of jewellery we will submit to you the Client a written estimate of the cost of undertaking the Bespoke Order, as per Clause 12.4.
13.5 We estimate that this examination and, if appropriate, testing process and the written submission to you of an estimate may take up to two (2) weeks.
13.6 Gemma de Chamarel Ltd reserves the right to refuse to work with loose stone(s) and/or item(s) of jewellery as supplied by you the Client.
13.7 Should Gemma de Chamarel Ltd refuse for whatever reason to work with the loose stone(s) and/or item(s) of jewellery as supplied by you the Client, Gemma de Chamarel Ltd will return to you the loose stone(s) and/or item(s) of jewellery by exactly the same method of delivery free of charge.
Shipping and Delivery of loose stone(s) and/or item(s) of jewellery for Bespoke Orders
14.1 When loose stone(s) and/or item(s) of jewellery are sent to us by you the Client for Bespoke Order purposes, the cost of delivering/shipping the loose stone(s) or item(s) of jewellery to us will be covered by you, the Client. We would advise that any item(s) sent to us under the value of £2,500 are sent via Royal Mail Special Delivery Next Day. We advise that any items over the value of £2,500 should be sent to us by a recognised courier.
14.2 It is the Client’s responsibility to inform in writing Gemma de Chamarel Ltd of all delivery details, including tracking information, within twenty four (24) hours of the Client sending loose stone(s) and/or item(s) of jewellery to Gemma de Chamarel Ltd, PO Box 77708, London SW11 9QE, United Kingdom.
14.3 Gemma de Chamarel Ltd accepts loose stone(s) and/or item(s) of jewellery for Bespoke Orders sent to us from outside of the United Kingdom. We advise you the Client to use a recognised courier when sending us loose stone(s) and/or item(s) of jewellery. You the Client will be responsible for any taxes and duties incurred for delivery.
14.4 Gemma de Chamarel Ltd does not accept liability before receipt for any delays, loss or damage to loose stone(s) and/or item(s) of jewellery sent to Gemma de Chamarel Ltd, PO Box 77708, London SW11 9QE, United Kingdom. You the Client should make any claim directly with the postal service and/or carrier.
Warranty and Returns for Bespoke Orders
15.1 Gemma de Chamarel Ltd does not accept returns for a Bespoke Order unless it is found to have a defect in material or workmanship within twelve (12) months of the date of delivery.
15.2 If any Bespoke Order you purchase from us is found to have a defect in material or workmanship within twelve (12) months of the date of purchase we will repair that defect and return to you the Bespoke Order free of charge.
15.3 In the event that the Bespoke Order cannot be repaired then we will replace free of charge the Bespoke Order with an identical or what we consider to be a near identical piece.
15.4 This warranty is invalidated if you allow a third party to repair or attempt to repair the Bespoke Order.
15.5 In the event of a dispute as to the cause of damage, we reserve the right to send the Bespoke Order to a mutually agreed independent third party assessor to determine the nature of the defect.
15.5.1 Only if their judgement indicates a defect in material or workmanship will we repair or replace the Bespoke Order free of charge.
15.5.2 If their judgement does not indicate a defect in material or workmanship you the Client will be liable for the cost of this independent third party assessment.
15.6 This warranty does not cover any damage to the Bespoke Order due to a lack of proper care by you the Client. Please see “Fine Jewellery Care Guide” on the Website for guidance.
15.7 This warranty does not cover any damage to the Bespoke Order due to fair wear and tear.
15.8 If you would like to make a warranty claim for your Bespoke Order the following process must be followed:
15.8.1 Email info@gemmadechamarel.com to inform us that you would like to return your defective Bespoke Order. You will be required to provide the Order Confirmation email or invoice.
15.8.2 We will then give you, the Client, a Returns reference number which must accompany the Bespoke Order you are sending us. We will also provide you with a returns address. We recommend that you use a recognised courier.
15.8.3 Return to us the Bespoke Order in the original packaging. Please ensure that there is no mention of jewellery on any outer packaging. If the Bespoke Order is found to have a defect in material or workmanship we will refund you the Client the cost of returning the Bespoke Order to us.
15.8.4 Notify us in writing at info@gemmadechamarel.com of the proof of postage and tracking information within twenty (24) hours of postage.
Limitation of Liability
16.1 See Clauses 28.1 and 28.2.
Force Majeure
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Terms and Conditions of Website Use
General
18.1 The Terms and Conditions of Website Use ("Website Use Terms"), together with our Terms and Conditions of Sale and Privacy Policy, apply to your use of www.gemmadechamarel.com (the "Website") which we own and maintain. These Website Use Terms provide information about us and the legal terms and conditions on which we sell any of the Products ("Products") listed on our Website and Bespoke Orders to you the Client.
18.2 We may revise these Website Use Terms as they apply to your order from time to time to reflect changes in relevant laws or regulatory requirements. Every time you wish to order Products or Bespoke Orders from our Website, please check these Website Use Terms to ensure you understand the terms which will apply at that time.
18.3 Using or accessing this Website indicates your acceptance of these Website Use Terms. If you do not accept these Website Use Terms, please do not continue to use this Website.
Company Information
19.1 Gemma de Chamarel and www.gemmadechamarel.com are trading names of Gemma de Chamarel Ltd. Our address is located at Level 3, 207 Regent Street, London W1B 3HH, United Kingdom.
19.2 You can contact us by telephoning us on +44 (0)800 702 2660 or by writing to us at info@gemmadechamarel.com.
19.3 If we have to contact you, the Client, in writing we will do so by the email address you provided to us when ordering.
Acceptable Use
20.1 This acceptable use policy sets out the terms between you and us under which you may access the Gemma de Chamarel Ltd Website (developed by. This acceptable use policy applies to all users of, and visitors to, the Website. Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, including but not limited to our Terms and Conditions of Sale and Privacy Policy which supplement our Website Use Terms.
20.2 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
Licence for Website access
21.1 Gemma de Chamarel Ltd grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gemma de Chamarel Ltd. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Gemma de Chamarel Ltd’s express written consent.
Conduct
22.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be hindered, disrupted or impaired in any way.
22.2 You must not use the Website for any of the following:
22.2.1 In any way that breaches local, national or international law;
22.2.2 For dishonest and fraudulent purposes, or in connection with a criminal offence or unlawful activity;
22.2.3 To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; objectionable; or which consists of, or contains, software viruses (Trojan horses, time bombs, spyware, keyware loggers or any other harmful software programs), political campaigning, commercial solicitation, mass mailings or any 'spam'; to cause annoyance, inconvenience or anxiety.
Website Content and Information
23.1 We endeavour to ensure that all information pertaining to the goods and services we are offering on the Website are accurate, clearly understood and easily found but we shall not be liable for any error.
23.2 In the event of human error or malfunction in the technology the prices on the Website do not commit us to a sale until a price is agreed and we accept payment. Before agreeing the contract, we will confirm in writing the actual price that you will pay.
23.3 Some of the images of the products on our Website are for illustration purposes only and may be shown larger than actual size to show more accurately the details of the item. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of colours accurately reflects the colour of the products. Your item(s) may vary slightly from these images.
23.4 Diamond, gemstone and precious metal prices stated on www.gemmadechamarel.com are subject to change at any time without notice.
23.5 We reserve the right to update prices.
23.6 We reserve the right at any time to modify or discontinue Products or Services without notice.
23.7 We shall not be liable for any modification, price change, suspension or discontinuance of Products or Services.
Communications and Notices
24.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24.2 All notices given by you to us must be given to Gemma de Chamarel Ltd at PO Box 77708, London SW11 9QE, United Kingdom or to info@gemmadechamarel.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, twenty four (24 hours) after an email is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
Linking
25.1 Gemma de Chamarel Ltd allows you to link to our homepage provided that you do so in a way that is fair and legal and does not take advantage or gain from of our reputation. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gemma de Chamarel Ltd and its affiliates without express written consent of Gemma de Chamarel Ltd. The website from which you are linking must comply in all respects with our Acceptable Use (Clause 20.1) and with applicable laws. You must not establish a link in a manner that suggests endorsement, partnership or approval on our part where none exists.
Moratorium and Termination
26.1 A breach of our Acceptable Use clause may give rise to the following, dependent on our determination:
26.1.1 Immediate, temporary or permanent withdrawal of the rights to use our Website;
26.1.2 A claim for damages and/or be a criminal offence.
Third Party Content
27.1 We provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party websites and are not responsible for the accuracy or completeness of the information.
27.2 We are not responsible for third party websites privacy policies. We encourage you to read the privacy policies of each and every website that collects personal information. All of the third party websites that we link to are reputable authorities in their specific area.
Limitation of Liability
28.1 As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses, including and not limited to legal fees and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.
28.2 Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions.
28.2.1 Provided that this shall be subject to an overall limit of the total amount paid to Gemma de Chamarel Ltd under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these Terms and Conditions.
28.2.2 The above limits on liability shall apply in respect of (any indemnities provided by either party under this Contract, including without limitation to the indemnities under Intellectual Property clauses in the Website Terms of Use).
28.2.3 Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
28.2.3.1 Loss of profits;
28.2.3.2 Loss of business opportunity;
28.2.3.3 Loss of goodwill;
28.2.3.4 Loss of data;
28.2.3.5 Loss of anticipated savings; or
28.2.3.6 Any special, indirect or consequential loss or damage whatsoever.
28.2.4 The parties agree that the limitations on liability within these Terms and Conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
28.2.5 Notwithstanding the above or other limitations and exclusions of liability set out in these Terms and Conditions, neither party excludes or limits any liability for:
28.2.5.1 Personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of a party or its employees; or
28.2.5.2 Fraud or fraudulent misrepresentation; or
28.2.5.3 Any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
28.2.5.4 Any other liability to the extent the same cannot be excluded or limited by law.
Transactions through our Website
29.1 Purchases of Products or Bespoke Orders from our Website are only for personal, domestic and non-commercial purposes. Contracts for the supply of goods or services made using our Website are within our Terms and Conditions of Sale.
Copyright
30.1 This Website and its content is copyright of Gemma de Chamarel Ltd. All rights reserved.
Intellectual Property
31.1 Gemma de Chamarel Ltd respects and rigorously abides by intellectual property laws. Accordingly, Gemma de Chamarel Ltd rightfully expects the same of all parties who use our Website. Gemma de Chamarel Ltd and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this Website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
31.2 Any unauthorized use Gemma de Chamarel Ltd’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features ("Gemma de Chamarel Ltd Proprietary Property") without the prior written permission of Gemma de Chamarel Ltd is strictly prohibited. If you infringe upon Gemma de Chamarel Ltd’s rights with respect to any Gemma de Chamarel Ltd’s Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Gemma de Chamarel Ltd for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.
31.3 If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this Website, please notify us in writing at: Gemma de Chamarel Ltd, Level 3, 207 Regent Street, London W1B 3HH, United Kingdom or by email at info@gemmadechamarel.com.
31.4 We accept no liability for the content and accuracy of the information we provide on the Website other than those referred to in our terms and conditions.
31.5 We reserve the right to make changes, without prior notice, to any products or services mentioned on this Website at any time.
Design Right
32.1 All of our designs and all rights associated with our designs, including Bespoke Orders, are owned by Gemma de Chamarel Ltd and remain our intellectual property. That means that to use these designs for any purpose without our permission would be an infringement of English Law.
32.2 The images on our Website are for informational purposes only and are automatically protected by copyright. They should not be downloaded or printed for any purpose other than legitimate use related to us.
Miscellaneous
33.1 If we fail, at any time during to exercise or enforce any right or provision of the Terms and Conditions this shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. You may not assign your rights or obligations under these Terms and Condition to anyone. We may cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
Gift Vouchers
34.1 Gemma de Chamarel e-gift vouchers are available to purchase online at www.gemmadechamarel.com for purchases made on www.gemmadechamarel.com.
34.2 The e-gift voucher is sent via email to the email address given during the online purchase of the e-gift voucher.
34.3 The minimum denomination of a Gemma de Chamarel e-gift voucher is £50, and the maximum denomination is £250. All e-gift vouchers will be denominated in GBP (British Pound).
34.4 If you make a purchase using your Gemma de Chamarel e-gift voucher(s), the cost of your purchase will be deducted from the balance on the e-gift voucher(s). You may purchase goods of a higher price than the amount on the e-gift voucher(s), on payment of the difference. If the total transaction amount is lower than the value of the e-gift voucher, no change will be given.
34.5 The e-gift voucher is non transferrable and single use only.
34.6 The e-gift voucher cannot be exchanged for cash. No change or refund will be given, except in accordance with your statutory rights.
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