Terms and Conditions

By visiting, accessing or using the gemmyworld.com website (“our site”) and / or by ordering products, and / or services listed on our site, you understand and expressly agree to accept and bound by these terms and conditions and all other relevant laws and regulations governing our site. Failure to read these terms and conditions represents agreement.

Interpretation

i)    “We, us, our” means Gemmy World

ii)    “Our site” means gemmyworld.com

iii)   “Product” means any product listed as shopping items on Our site.

iv)   “You, your, yours” means a person who visit or access or use Our site and / or a person

       (including wholesaler, all categories of members ) who orders or purchases Product via Our

        site.

v)    “Domestic” means Malaysia

vi)   “International” means places outside Malaysia

Words importing the masculine gender only shall include the feminine gender.

Words importing the singular number only shall include the plural number, and vice versa.

Sub-title

Sub-titles in these terms and conditions do not describe, define, limit or extend any provision of these terms and conditions.

Invalid provision of the terms and conditions

If any provision of the terms and conditions is held to be or shall be deemed invalid, void or for any reason unenforceable, that particular provision of the term and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of the terms and conditions.

Waiver

Failure of us to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies and shall not adversely affect the applicability, validity and enforceability of the remaining provisions.

User of Our site

Individuals who are either age 18 or over. Involvement of a parent (or guardian) or permission of a parent (or guardian) must be obtained before using our site for those between the ages of 13 and 18. We do not promote, direct, or collect information from people under the age of 13.

Our Site access

You agree that you are only authorised to access, use, visit Our site for your personal use. Our site or any portion of our site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our written consent.  You may not use any technique or method to enclose or utilise our name, logo or other proprietary information or graphic without our written consent. In addition, use of the content or materials for any purpose not expressly permitted in these terms and conditions is prohibited. The content, software and all materials appearing on Our site are our properties and owned by us and protected by relevant laws and regulations.

You are permitted to use the materials in Our site only as expressly authorised by us.

We may terminate your right to access/use Our site/network at any time without notice to you in our sole discretion.

Accuracy of information

Our site and the materials are provided “AS IS” and “AS AVAILABLE”. We do not promise that Our site or any information on Our site will be error-free or uninterrupted. We will correct it as soon as possible after notification of the error.

Should there be any errors regarding pricing (including price of Product and any relevant charge to the order) or the description or information of items listed on Our site due to typographical error or error in pricing or product information received from our supplier and if the payment has already been made by you for the purchase,  we shall reserve the right either to supply goods at the corrected price or cancel any orders placed for products listed at the incorrect price/ incorrect information.

Your account

You may register on Our site by creating an account. You must provide your name, valid address, valid email address, valid contact number, valid credit card information, bank account information and any other relevant information for the registration of an account with us. We will rely on the most recent information provided by you in order to contact you or complete a transaction.

You are responsible for maintaining the confidentiality of your accounts and password and for restricting access to your computer; you agree to accept responsibility or be financially responsible for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion. 

Updating your personal information

We shall alter, update or remove any personal data you have provided to us after receiving your e-mail containing your new information.

Electronic communications

You are communicating with us electronically when you visit or access Our Site or send e-mails to us. You consent to receive communications from us electronically. We shall communicate with you by e-mail or by posting notices on Our site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Newsletter

You can subscribe or sign up for our newsletter on Our site by inserting your email address into a box marked for that purpose. From time to time, we may send you information on our Product, services and promotions and any other relevant information. We reserve the right to send you service-related announcement when it is necessary to do so.

Memberships

Our members can be classified into different categories and each category has its own designation and may or may not enjoy any kind of benefit. We reserve the right to change the benefit policy without notification and the details of the benefit policy shall be come effective immediately upon the posting of same to Our site. It is your responsibility to review the benefit policy regularly. No membership price will be charged.

Restrictions 

You agree not to use Our site or any content, material or information contained in Our site for any illegal, unlawful, prohibited or inappropriate activities.

Tell a friend 

You can introduce Our site to someone else electronically by clicking “Tell a friend”. You must provide your friend’s e-mail address, as well as your own.

Order and availability of Product 

Information contained on Our site constitutes an invitation to treat. You make an offer to purchase the Product you have ordered on these terms and conditions. We may or may not accept your offer at our absolute discretion. We have not accepted your offer and are not obliged to supply the Product until we have shipped or delivered the Product to you.

We do not allow orders to be edited or cancelled by you after you have placed an order and payment has been made by you.

If payment has been made by you and we do not have the stock for the Product, we will send you a notification by email and shall reserve the right to cancel any order from you. The amount of the charge [payment made by you for the purchase] will be returned to you as soon as possible.

The availability of Product and other items on Our site may change at any time without notice.

We will take all reasonable precautions to keep the details of your order secured but we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 

Size of Product 

You are responsible for making sure that the size of the Product (for example, ring size, the length of bracelet/ankle/necklace etc) you have ordered is correct for you. We are not responsible for any incorrect size of Product provided by you. 

Quality Control

All our Product are carefully inspected by us prior to shipping. Our suppliers have given their assurance either by oral or action or in writing, regardless directly or indirectly, for the materials of the Product supplied to us. We do not guarantee you that the materials of the Product meet your standard or requirement.

Our Product 

It is your responsibility to make sure yourself is suitable to use or wear or touch or put on (“the Use”) our Product before purchasing. We are not responsible or liable for any kind whatsoever arising such as itchy, scratchy, allergic reaction and any other negative consequences to your or other people’s health or body after using, wearing, touching or putting on our Product. You expressly agree that the Use of Our Product is at your sole risk.    

Price and payment

All prices [including but not limited to, price of Product, charges for shipping, handling, packaging, service, tax and other relevant charges to all orders] are shown in two currencies on Our site. It is your responsibility to choose the correct currency before making any payment.

For the abovementioned items 3 and 4, it is your responsibility to send us an email to request and we will inform you the new shipping & packaging charges and delivery time.

If you would like to order a custom made item or you are a wholesaler, please contact us for the price of the Product, shipping and packaging cost and expected delivery time on your special order. You can make your payment in MYR through iPay88 Email Payment.

For international purchase(s), credit card / debit card payment will be charged in MYR with the currency exchange rate or conversion rate determined by the bank who issued the credit card / debit card. There could be some variation of charges in your monthly statement from those shown on our currency converter or currency conversion tool due to fluctuation or any other relevant reason.

It is your responsibility to check with your Credit Card Company / Debit Card association for any bank transfer fees, currencies conversion rate and other relevant service charges (“Fees and Rate”) as these Fees and Rate are different in different banks from different countries. We are not responsible for any differentiation of the Fees and Rate.

In the event that a Product or any other relevant charges to the order is listed at an incorrect price due to typographical error or error in pricing or product information received from our supplier and if the payment has already been made by you for the purchase, we shall reserve the right either to supply goods at the corrected price or cancel any orders placed for products listed at the incorrect price and the amount of the charge (payment made by you for the purchase) will be returned to you as soon as possible.

We may accept the following payment mode:

Payment settlement:  Malaysia Ringgit (“MYR”)

Please note that your payment is processed by Mobile88.Com Sdn. Bhd.(521817-M).The name of Mobile88.com will be shown on your credit Card/ Bank Statement and you will also receive a notification e-mail from Mobile88.com on  the transaction you have made with us. iPay88 is operated by Mobile88.Com Sdn Bhd and notified as Online Payment Switching Gateway by Central Bank of Malaysia.

In addition to the price for Product, we will add charges for shipping, packaging, handling, service, tax [required by law] and any other relevant charges (“Charges”) to all orders and payment made by you represent you agree to all these Charges and the price of Product. We reserve the rights to change the said Charges and price of Product without prior notice.

Design of our Product 

You agree not to use or copy or imitate the design of our Product listed on our site for any commercial or non-commercial purpose without our consent.

Supply

We may agree to supply and shipped to you our Product pursuant to your order. Descriptions of, or references to, Product or services on Our site or network do not imply endorsement of that Product or services, or constitute a warranty by us. The pictures showing to the Product in Our site may not be identical to the Product as shipped to you as the colours of the Product may depend on your monitor, skill of a photographer and may not be correctly displayed.

We reserve the rights without prior notice to discontinue or change specifications and prices on Product or services listed on Our site without incurring any obligation to you.

Shipping and Delivery 

We will only ship or deliver the package and purchase once payment has been received and cleared. All packages or purchases are shipped to you by registered mail (without additional insurance) to the shipping address provided by you. We are not responsible for package or purchase delivered to incorrect address supplied by you.

If you would like your package or purchase sooner for a special occasion or any reason and agree to pay an additional fee, please contact us at info@gemmyworld.com . We will only ship package or purchase via an expedited carrier after receiving your e-mail containing your request.

Shipping & Packaging Cost and Delivery Time

** No deliveries are allowed to PO Box, APO/FPO address

** Recipient’s telephone/contact number is required on all address

** Delivery is only made on working days from Monday till Friday (with exception of Malaysia

    public holidays)

** Delivery time exclude order processing time for Domestic (Malaysia) is  1 to 2 weeks

    (estimation only)

** Delivery time exclude order processing time for International (places outside Malaysia) is

    2 to 3 weeks (estimation only)

** Delivery time may be varied from the following for wholesaler due to large quantity ordered

No guarantee on the time of delivery. The delivery time frame is only estimation and should not form part of a contract. We are not responsible or shall be under no liability for any delay or failure to deliver the Product within the estimated delivery time due to unforeseen factors or beyond our control.

All transit times are subject to Customs Clearance, transport conditions and volume of mail traffic. Should any issue arise with an unforeseen delay, we promise to keep you informed as soon as possible.

To avoid delivery delay, please be sure that you or other recipient who has authorisation to receive on behalf of you will be available at your ship- to address to sign for your delivery. We are not responsible for unsuccessful deliveries arising from you or other recipient who has authorisation to receive on behalf of you not being present at time of delivery at the address supplied by you.  If the Product is undeliverable and returned (at yours expenses) to us, we shall have the right to sell to other people as the returned Product will be treated as stock available for sale. We shall have no obligation to reserve or re-deliver the returned Product to you and you are not entitled for a refund. However, the amount incurred by you after deducting shipping, handling, packaging, taxes, duties and other relevant cost for a shipment or service will be held as a credit against further orders.

It is your responsibility to check with your local authorities before purchasing our Products for commercial use (goods intended for resale) as special entry requirements may apply.

Purchases outside the Malaysia could be subject to import duty or other relevant duties for your country. It is your responsibility to settle the fees. We advise you to check guidance from your respective customs authorities or any other relevant authorities prior to purchase. You are responsible for any additional duties and taxes on international shipping. You shall be solely responsible for all kind of taxes on orders shipped to you.

If you do not receive your orders after the prescribed delivery time, send us an email and we will notify you the shipment tracking number by email.

We do not responsible for product quality problems (decreased product quality) caused by improper handling by you or other recipient (any person with or without authorisation to receive the product on behalf of you) or due to an incorrect delivery address supplied by you or a re-route requested by you.

Order is dispatched with the appropriate customs documentation. Any customs clearance charges must be paid by you. We cannot predict what these charges might be therefore you may wish to contact your local customs office for further information.

The risk of loss, damage and title for such Product pass to you upon our delivery to the carrier.

We reserve the right to refuse any international order [without giving any reason] per our discretion and will notify you as soon as possible if your order is cancelled.

Inspection of Product purchased

You must inspect all Product ordered and purchased by you carefully at the time of delivery. If we are not notified by you within 48 hours of receipt of your delivery, the Product delivered will be deemed to conform to your order is good condition and free from defect.

Product advertised on Our Site

The defect (all scratch, spot and dent) in the Product is clearly advertised as “non-returnable”. If the item’s defect is greater than advertised, you may allow returning the item to us for our further examination.

 Return and Refund Policy 

No Product shall be returned to us unless:-

You must fulfill all the abovementioned criteria in order for you to send the RP to us at the following address:-

                                    No.240, Jalan Midah Besar

                                    Taman Midah, Cheras

                                    56000 Kuala Lumpur

                                    Malaysia

Replacement product (similar product or any product with equivalent value) will only be shipped to you after we have received the RP and have carried out suitable tests or inspection and if we are satisfied that the RP is defective and its defect is greater than advertised or is not what you have ordered. You are entitled for a mystery gift and it will be sent to you together with the replacement product.

If we are not satisfied, we will inform you and the RP will be delivered to you once we have received the shipping, packaging and other relevant charges for shipment from you. We are not responsible for RP lost or damaged in transit.

Repairs

Repairs for damage due to normal wear and tear or accident can be accommodated, shipping and packaging charges, handling cost and materials charges may apply. Please contact us for more information.

Cookies

Cookies are small pieces of data or information that your browser holds in memory or stores in a special file on your hard drive or computer. These small pieces of data are used to help our server to identify users who have previously visited Our site or allowing our server to recall any customized information you have set and also improve the service delivered.

Feedback

We welcome all suggestions, comments, feedback or information (“Feedback”) which you submit to us by email and you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. Feedback should not contain inappropriate, offensive, insulting, abusive or other unacceptable materials. We shall be free to use Feedback on an unrestricted basis.

Advertising 

Our site may contain advertisement and / or sponsorships. We are not responsible for the acts, negligence or omissions of any advertisers or sponsors that provide advertisements and sponsorships. They are solely responsible for insuring that all the materials submitted for inclusion on Our site are accurate and comply with all applicable laws and other requirements.

Indemnity 

By using or visiting Our site, you agree to defend, indemnify and held us, our officers, directors, agents, other partner and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Our site, your violation of the terms or the posting or transmission of any materials on or through Our site by you including providing a link to another site or any user content. 

Applicable Law 

By using or visiting Our site, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and us. The parties submit to the exclusive jurisdiction of the courts of Malaysia.

Privacy Policy

Your privacy issue is our concern. Privacy refers to the information (including identifying information, financial information, non-financial information, personal information, non-personal information and any other information when necessary) we obtain about you and the use we make of it in the course of our business.

We are the owner of all data collected from Our site. All information collected through areas such as product orders, requests for information, feedback, or registration is not shared with outside parties except to the extent necessary to complete your transaction or required by law or governmental authorities or court order or legal process or enforcement authority or regulating agency or any other third parties as mentioned in these terms and conditions or believe in good faith the information is necessary to protect our rights and properties or you or others from harm.

We keep a log of the information with your personal account to continue improving our service, follow-up on customer requests, and contact people who may be violating our policies if you contact us via email.

We may share your personal information with any third parties as described in these terms and conditions and they may have their own privacy policies which will also govern use, handling and disclosure of your personal information.

We may share the information you have provided to us with the following third parties (including but not limited to):-

>a company that processes credit card payments/ bank transactions and utilise services which

   help us to verify your identity;

>third-party service providers in various aspects of our business in order for them to perform

  their functions

>third-party service providers to serve ads on our behalf across the internet and on Our site

>other website that we always provide links to them

>business partners which we partner to provide or supply you those Product(s)/services,

  promotions

>marketers with your consent

>third party purchaser in the event of business transfers/ transitions

>Other organizations / companies for fraud protection, credit risk reduction, investigation on

   illegal activities or prevention for unlawful activities.

We retain the rights to change or update this policy as necessary. Please review this policy regularly as it will be updated as our procedures change.

Jewellery care 

The written information or tips relating to the jewellery care on our Site is merely  to share with you share the information relating to jewellery care and shall not create a warranty or promise or in any way increase the scope of our obligations.

Personal usage and care

We are not responsible or liable for any consequential loss or damage to or decrease of the quality of, the Product you have purchased from us, due to your usage, your personal care or your body condition such as body oil, perspiration and etc.

Security 

We use ”Firewall”, Secure Socket Layer, Digital Signature Certificate and other security technology to protect your personal information. However, we cannot give you any promise and you should not expect that your personal information, searches or other communications will always remain secure as no system can be completely secure. 

 Liability and Disclaimer

We make no representation or warranty (express or implied) with respect to any Product (or service, if any) sold on Our site. All Product provided in connection with Our site are on an "as is" and "as available" basis. Except as otherwise expressly agreed, We make no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through Our site. You expressly agree that the use of Our site is at you sole risk.

We expressly disclaims all representations, guarantees, warranties, express or implied, of any kind with respect to products (or service, if any) sold on Our site, Our site’s use, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and title / non-infringement. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations under these terms and conditions.

We will not be liable for any direct, indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.

Our maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product (or service, if any) in question.

We do not warrant that this site, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising for the use of Our site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

We are not responsible for the information, materials, content, terms, conditions, security, polices, practices, privacy policy and accuracy of content of other website (“matter”) that we always provide links to them. It is at your own risk to access them. You may wish to review their matter.

We shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, error, or other failures pf the internet or other data networks.

Alteration(s) to Our site and Termination of Our site

We reserve the right to modify, alter or change Our site at any time. Such changes / amendments shall be come effective immediately upon the posting of same to Our site.

We may terminate operation of Our site/network or any portion thereof, or any Product or services shown on Our Site/network.

The Agreement

Unless otherwise stated by us in writing, these terms and conditions constitute the entire agreement between you and us. These terms and conditions including the documents or other sources referred to in terms and conditions supersede all prior representations, understandings and agreements between you and us relating to the sale and purchase of the Product ordered by you. We reserve the rights to modify or amend the terms and conditions as seen fit without prior notice.

Such changes or amendments shall be come effective immediately upon the posting of same to Our site. Your continued access or use of Our site after posting of the changes or amendments shall deemed to constitute your acceptance of any revisions or additions. It is your responsibility to visit the terms and conditions to review the most current version of the terms and conditions from time to time.

We may issue a warning to you, temporarily suspend or refuse to provide our services or terminate our service to you, in addition to all other rights or remedies available at law or equity.

We shall have the right to terminate this agreement with you at any time, without giving any reason and without notice to you. In the event of the termination of this agreement, you agree that you are no longer authorized to access or use Our site/network.

03/12/2009