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Sunday, 24 Sep 2017

Gem Production Website Terms of Sale

It is important that you read these Website Terms of Sale (“Terms of Sale”) carefully before ordering any products from our Website (“Product(s)”). Together with our privacy policy and our Terms of Use, they govern our relationship with you in relation to this Website and your purchase of Product(s) from the Website or over the telephone. If you have any questions about them or do not wish to accept them, please contact our Customer Service department at This email address is being protected from spambots. You need JavaScript enabled to view it. or before continuing.

Please click on the button marked “I Accept” at the Order Confirmation section of the Website before placing your order with us (“Order”) to show that you accept them. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from our Website.

You may have other rights granted by law, and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by law.

Our Details

Who Can Purchase From Us?

How your Contract With Us Is Formed

Payment

Delivery

Damaged Or Defective Product(s) Your Right To Cancel

Other Information Of Which You Need To Be Aware

OUR DETAILS

We are Gem Production, a company registered in Thailand. Our registered office is 99 Soi Kasaemsun 3,

Rama 1 Rd,Wangmai, Phathumwan,Bangkok 10300.

You can contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it. .

The Website to which these Terms of Sale apply and for which we are responsible is http://www.gem-production.com.

WHO CAN PURCHASE FROM US?

To purchase from us you must be over 18 and resident in the South East Asia. For online purchases, we can only ship to countries in Europe, U.S.A., Asia and Australia, New Zealand, Muangtong company. If you are not resident in the one of the countries listed in above, or would like to ship to a country other than those listed above, please call our Customer Services Department Toll Free on +66 (0) 2 612 5271.

Please click here http://www.gem-production.com or please call us +66 (0) 2 612 5271 to make your purchase if you are resident in the Thailand.

 HOW YOUR CONTRACT WITH US IS FORMED

Orders are submitted via the Website in the following way:

•             Once you are ready to make a purchase, click on ‘add to Shopping Bag’ to add the

Product you wish to purchase to your Shopping Bag. Then proceed by clicking

‘proceed to purchase’ to log into our secure servers to complete your Order.

•             If this is your first purchase on the Website you will have the option to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions. You will then be asked to input your address. The address that you register with must be the address that the card statement is sent to; however you can use a different delivery address.

•             If you have already registered with us you may enter your sign in details to access your account.

•             Once signed in you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale. You will then be asked to confirm your address and input your payment details.

•             Once you have completed compiling your order, you will be asked to confirm that it is correct.   If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us, it is your responsibility to ensure that your order is correct before submitting it to us. If you have any problems with your order, please call us +66 (0) 2 612 5271.

•             We will then send you a confirmatory email to acknowledge that we have received your order. This is sent out automatically by us to the email address you register with us.

•             After sending you this first email we will check to make sure we are able to fulfill your order. If and when we are able to do so, you will then receive a second email from us confirming your order, confirming dispatch of the product(s) to the delivery address you have requested and giving you estimated timescales for delivery. This is sent out automatically by us to the email address you register with us. At this point we will process the payment details you have given to us to take payment for your order.

•             You should check both emails for accuracy and let us know immediately if there are any errors. Your order will be accepted by us when we send the second email to you confirming your order and dispatch of the product(s) and at this point the contract between us (“Contract”) is formed. Ownership of the product(s) will pass to you on delivery.

•             If there are any problems with your order, you will be contacted by a representative from Thailand.

When you submit your order, you are offering to buy the product(s) at the price set out in the order.

Prices are checked regularly. However, if we find the price has changed or that there has been a pricing error when we receive your order we will contact you and ask if you wish to proceed at the correct price.           

If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Product(s) until we have sent you the second email confirming your order.

If you discover you have made a mistake with your order please call us on +66 (0) 2 612 5271. immediately. Please do this before we send the second email to you confirming your Order. We are unable to rectify mistakes after this time, although you still have the right to cancel described below.

PAYMENT

The prices indicated on our Website at checkout include all taxes, including VAT, which may be payable in respect of the Product(s) and delivery charges. Please note that delivery charges apply to Orders under a certain value.

All payments must be made at the time of dispatch of the product(s) to you. Payment for all product(s) must be by credit or debit card. We accept payment with Visa, MasterCard, American Express, Maestro and Solo. If we are unable to accept your order for any reason then we will, at our option, either not debit your credit card or refund any money paid by you in respect of that Order. We will not dispatch the product(s) until we receive payment in full.

Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above

For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the product(s) which you have ordered as a result.

By providing the relevant information to us, you specifically authorize us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorizations for your payments for Product(s).

DELIVERY

We aim to deliver product(s) to you, to the delivery address you have requested in your order within the time set out in our shipping times but we cannot give an exact delivery date.

If we have not delivered the product(s) within 30 days of submitting your order or any other date that we have agreed with you then you may cancel the contract and we will refund any money paid by you.

DAMAGED OR DEFECTIVE PRODUCT(S)

(i)            Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products.

(ii)           You should inspect the product(s) when you receive them for defects or damage.

If you find a defect or damage you must tell us as soon as possible and we will arrange for their return to our Customer Service Centre, at no cost to you, or you may take the Product to any of our four retail locations in Thailand. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s). If you would prefer repair or replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable. In addition we will either refund the cost of the return of the item to us by you or send you a prepaid parcel which you can use to return the damaged or defective item to us.

(iii)          These Terms of Sale do not exclude our liability (if any) to you for:

•             personal injury or death resulting from our negligence;

•             fraud;

•             any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

(iv)         Subject to paragraph (iii) above, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your

Order is accepted by us.

(v)          Subject to paragraph (iii) above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts; or

• loss of anticipated savings

provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph (iv) or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph (v).

(vi)         Subject to paragraph (iii) above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.

YOUR RIGHT TO CANCEL

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract (other than for personalized or other products which we have specified as non-returnable) and receive a refund from us. You must inform us in writing at 99 Soi Kasaemsun 3, Rama 1 Rd,Wangmai, Phathumwan,Bangkok 10300 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. if you wish to cancel within seven working days, starting on the day after the product(s) are delivered to you.

If you choose to cancel then you must return the product(s) to us at your cost and risk and we advise you to ensure the Product(s) are adequately insured during the return journey, or you may take the Product to any of our four retail locations (Old Bond Street, Royal Exchange, Sloane Square and Westfield). You must ensure that you take reasonable care of the product(s).

If you have not returned the product(s) within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Product(s) from you at your cost.

Details of your right to cancel or return will also be provided in the delivery note which accompanies the Product(s).

In addition to your right to cancel above, Products are accepted for credit or exchange if returned to any of our four retail locations (Old Bond Street, Royal Exchange, Sloane Square and Westfield) or to our customer Service Centre, in a saleable condition within 30 days of delivery accompanied by your delivery note. Such return is at your cost and risk and we advise you to ensure the Product(s) are adequately insured during the return journey. You must ensure that you take reasonable care of the product(s).

Gift recipients are entitled to a non-refundable merchandise exchange or may request that a refund is made to the purchaser of the product(s). To exchange your gift selection or request that a refund is made to the purchaser please follow the instructions included with your package.

Where you paid for products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.

All refunds will be made within 30 working days either:

•             (where products have not been delivered to you at the delivery address you have requested within 30 days of your Order) of our confirmation by email to you that your order has been cancelled; or

•             (where products have been delivered to you) of our receipt of the Products you have returned to us.

OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE

We may not necessarily keep a copy of these Terms of Sale and your order. We advise you to print a copy of them for your information in the future.

The Contract and all communications between us will be conducted in the English language.

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of Thailand courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the Website. However you should note that this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts.

If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.

Gem Production Co.,Ltd. © 2011 | All rights reserved.
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