These terms and conditions apply to the viewing, purchasing and sale of products through www.GemBeautyShop.com (the “site”), a site operated by Jasmine Fashion Inc. By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, do not use this site and do not place an order. Please print a copy of these terms and conditions for your records. All advertisements on the site are invitations to purchase and not offers to sell. GemBeautyShop reserves the right, at its sole discretion, to accept or reject the order once the order has been completed and submitted by you.
Ownership of Materials, Trademarks and Copyright
The information contained in this site including all images, designs, logos, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by
GemBeautyShop or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission ofGemBeautyShop or the applicable copyright owner. You may only use the site to view its content and place an order. All rights not expressly granted are hereby reserved byGemBeautyShop and its licensors.
Limitation of Liability
GemBeautyShop will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort (including negligence), or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages.GemBeautyShop is not responsible for delays in delivery which result from any circumstances beyond its control.GemBeautyShop’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications
All information regarding pricing, products and services is subject to change. GemBeautyShop reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market
conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are net and do not include shipping charges, handling fees, taxes and/or applicable duties, brokerage fees or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing GemBeautyShop with the necessary documentation at
the time of purchase or taxes will be added to their order. GemBeautyShop always strives to maintain low prices. Occasionally, stated prices on the site are subject to change without notice due to circumstances beyond our control.
Most products are shipped F.C.A. point of origin from the nearest GemBeautyShop warehouse to your location. UPS is used whenever possible. However, should your order exceed UPS size or weight limits, “Common Carrier” will be selected to expedite delivery. For rush shipments, please request Fed Ex, UPS Air; Next Day, 2nd or 3rd day or Freight Collect. All shipping charges are prepaid by GemBeautyShop and added to the
customer’s invoice unless you choose to be billed freight collect. A $2 handling fee will be added to shipping charges. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.
Please specify if you need inside delivery when placing your order. UPS does not charge for this service. However, there may be a charge when using a freight carrier.
If for any reason you are dissatisfied with a purchase you made from GemBeautyShop, you may return the merchandise within 30 days. Please contact customer service using our Contact Form for an authorization
number or complete the form on the back of the packing list and return the merchandise within 30 days.
Customers will be responsible for shipping charges on cancelled orders. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.
If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report and original packing list to
Uline and we will file a claim on your behalf and immediately replace the damaged item(s).
If a product is damaged during delivery to you via UPS or Parcel Post, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to GemBeautyShop and hold the damaged
materials for disposition instructions.
Notwithstanding anything to the contrary, GemBeautyShop’s liability is limited to the replacement value of the products purchased from this site.
GemBeautyShop and its affiliates hereby expressly disclaim all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, related to this site or the products, including, without limitation, any warranty of merchantability, merchantable quality, quality or fitness for a particular purpose, or warranty of non-infringement.
This disclaimer does not affect the terms of the manufacturer’s warranty, if
For those customers with established GemBeautyShop credit, payment terms are net 30 days from the date of invoice. In addition, GemBeautyShop accepts all major credit cards at the time of order. COD is only available for
those orders picked up at a GemBeautyShop warehouse. If paying by credit card, you hereby authorize GemBeautyShop to charge the applicable card the full amount payable for your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and GemBeautyShop will have no obligation to fulfill your order.
This site is controlled by us from our offices within the Kyiv city, Ukraine. By accessing this site you agree that the laws of the Kyiv oblast, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site.
The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
These terms and conditions constitute the entire agreement and understanding between the customer and GemBeautyShop concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by GemBeautyShop representatives or any alternate
terms supplied by you to GemBeautyShop unless otherwise agreed to by GemBeautyShop in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English.
The following paragraphs will survive the cancellation of your order: Ownership of Materials, Trademarks and Copyright; Limitation of Liability; Returns; Warranties; Payment Terms; Applicable Law, Entire Agreement, Language and Survival.