Welcome to Gemesti

Welcome to the Gemesti website (henceforth referred to as the “Site”). The Site allows customers to sell diamond rings, loose diamonds, and other fine jewelry in a quick, secure and convenient manner. Use of the Site is subject to the Terms and Conditions set out below. These terms and conditions, and all online forms contained in the Site, constitute a legally binding contract. If you do not agree to these terms and conditions, do not use the Site or any of Gemesti’s services. For the sake of clarity, we refer to ourselves in the following Terms and Conditions either as “Gemesti”, or “we”, “us”, or “our”. 

The owner and operator of the Site is Gemesti Inc. and will be referred to in the Terms and Conditions as the “Company”. 

The Company reserves the right to change the Terms & Conditions of service at its exclusive discretion and to do so without the requirement of giving advance warning and/or notice.

 

Intellectual Property

Any material displayed or contained on the Platform, such as software, text, graphics, images, sound recordings, audiovisual works (collectively referred to as the Content) may be owned by the Company or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. As a Platform user, you have no rights pertaining to the Content and may not make any use of it without the written permission of the Company. 

You may not alter the content or delete any notices of copyright or proprietary notices identifying the Company as the legal owner of the Content.  You may not use, modify, sell, license or distribute the Content to obtain any commercial benefit, nor may you post it on another website or any online or offline network. 

All trademarks, service marks, and logos displayed on the Platform remain the property of the Company. Other service names, features and product names may also be the property of the Company. No trademark, brand name, logo or service mark may be used for any purpose without the written permission of the Company. 

The Platform and its content are protected under Federal and State laws and may not be copied, retransmitted, or otherwise used without the written permission of the Company. If you violate any part of this Agreement, you may be subject to legal action. 

 

Community Guidelines

The Community Rules that are listed below exist for the benefit of all platform users, the Company and its employees and agents. By accessing the platform you agree to abide by the Community Rules. You further agree to abide by all Federal and State laws and regulations relevant to the platform, and in your dealings with The Company and its agents or representatives.

• You will not send us any item, except the items of jewelry or loose diamonds for which our representative made an initial offer. You will not send any hazardous, prohibited, or offensive items.

• You will not use the Platform to sell stolen property, launder money, or for any other unlawful purpose.

• All information that you provide will (to the best of your knowledge) be factually correct and not misleading in any way.

• The platform and all associated intellectual property remains the exclusive property of The Company. You will not use the platform for any purpose other than selling jewelry or loose diamonds in accordance with the platform terms and conditions. You will not engage in any commercial activities involving the platform, including, but not limited to, affiliate marketing, pyramid selling, advertising, or marketing, without the written agreement of The Company. 

• In using the platform you will not upload, communicate or disseminate any material that infringes any copyright, trademark, proprietary rights or intellectual property. 

• In using the platform you will not upload, communicate or disseminate any material that may cause distress to another person. This includes threatening, defamatory, libelous material, or any incitement to violence.

• You will not disclose or publish any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

• You will not use the Platform to commit or further any criminal or potentially unlawful act, including the harassment or stalking of another person.

• You will  attempt to interfere with any technical function of the Platform or remove or obscure advertising or other content.

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file

• You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals.

• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.

If you are concerned that any content or material displayed on the platform may be incorrect, in some way offensive or inappropriate, or in violation of copyright, please contact us.

 

Restrictions

1.The Site and Gemesti’s diamond and jewelry buying service is restricted to persons over the age of 18 who are qualified to enter into legally binding contracts. 

2. The vendor must be either the legal owner of the jewelry or diamonds that he or she offers for sale. The vendor is acting on his or her own behalf and is not selling any items on behalf of a third party, unless acting under a notarized power of Attorney. 

3. The Company may decline to accept any individual as a client, at its own discretion and without explanation. The Company may terminate any purchase at any stage of the transaction, without explanation or liability. In this case, the Company will return the user’s property as per the existing agreement. 

5. The vendor will provide the Company with any legal proof of his or her true identity that may be required by the Company. 

6. The vendor will provide the Company with the necessary payment details to complete the transaction in a timely and legal manner.

 

Sales and Transaction Process

Self-Assessment Form

 

 

By filling out the Self-Assessment form you are offering an item(s) of fine jewelry or a loose diamond for sale to The Company. By completing the form, you are declaring that you are the legal owner of each item. You will be asked to describe each item as accurately as possible, using the options on the online form, and by adding any additional descriptions. You will also be asked to upload clear digital photos of the item (where possible) and upload any certification relating to the item, as well as any other relevant information such as receipts or insurance appraisals. 

 

Initial Offer

 

 

A representative of the Company will then contact you with an initial offer for any item that you offered for sale via the Self-Assessment form. This is a provisional offer based on an estimate of the item’s value, derived from the information that you provided. The offer is not legally binding and the Company reserves the right to change, amend, or cancel this initial offer at any time, and without explanation. 

Shipping and Insurance

The Company may invite you to submit your item(s) of fine jewelry or loose diamonds for an independent professional appraisal. This is a required procedure that must be completed before the Company will make a formal offer for your property. If you choose to send your jewelry or loose diamond for appraisal, the company will provide you with a FedEx of UPS shipping label. This label will entitle you to ship your item at the Company’s expense. The Company will insure your package with Lloyds, up to a maximum of $100,000. The Company may require you to provide certain additional information in order to insure the package.  It is your sole responsibility to provide correct and accurate information relating to the shipping process. Deliberately providing false or unauthorized information is likely to constitute a breach of the law. It is also your sole responsibility to ensure that each item is correctly packaged and secured, using any packaging and the shipping label provided.

 

Valuation

Your jewelry or loose diamond(s) will be valued by a professional gemologist. The appraising staff will film the opening of your package as proof of receipt, and to ensure that your security is protected. The Company will consider the gemologist’s report and assessment of your item’s actual market value. Only then, will the Company make a final decision about whether to buy your property. 

The Company reserves the right not to accept delivery of any package that appears to have been

 

Final Offer

If the Company wishes to buy your fine jewelry or loose diamond(s), a representative of the Company will contact you to make a formal offer. This offer will be based on the gemologist’s report and should be regarded as a final offer. If you decline the offer, your property will be returned to you, as per the original agreement. 

 

Declaration and Sales Agreement

To complete the transaction, you will be required to sign a legally binding sales agreement. This agreement will include a formal declaration that you are the sole legal owner of the item(s) being sold, and that you are entitled to sell them. The Company may require you to provide legal proof of your real identity at this point. 

 

Payment

The Company will verify the sales agreement, legal declaration and stipulated proof of identity. Once the sale is approved, your funds will be sent to you via the agreed payment provider. You may opt for payment by check, by an ACH cash transfer directly to your (United States) bank account or to a PayPal account. You will be notified by email when the funds have been transferred. 

Please note: Although the Company will always aim to transfer your payment on the same day that the sale is concluded, some delays may occur. It may also take additional time for your chosen payment service provider to complete the transfer of funds. You will be liable for any fees, commissions or service charges imposed by your chosen payment service provider or by any third party or agent involved in the money transfer process. 

It is your sole responsibility to provide correct and up to date information to facilitate payment. The Company may not be held responsible for any loss, delays or expenses that are incurred if you have provided incorrect banking details, email addresses or PayPal details etc. 

 

Returns

The vendor may withdraw from the sales process at any time prior to uploading the signed sales agreement, legal declaration and stipulated proof of identity. The vendor may do so at his or her own discretion and without explanation. In this case, the Company will return the vendor’s property as per the existing agreement. 

Once the signed forms and proof of identity have been uploaded, the Company may consider the transaction completed and the sale legally binding. The Company may withdraw its final offer at any moment prior to the actual transfer of payment to the vendor. It may do so entirely at its own discretion and without explanation. In this case, the Company will return the vendor’s property as per the existing agreement. 

The Company may not be held liable for any loss, delay or damage incurred during the return shipping process. The shipment is authorized by the Client and is carried out entirely at the Client’s own risk. 

 

Lost or Damaged Property

In the unlikely event that your item is lost or damaged during shipping, we will work with you to either recover your property, or obtain compensation from the shipping agent/insurer. All valuable items shipped to The Company are automatically insured up to a total value of $100,000. 

When your property arrives atEGL USA Lab in Los Angeles we will film the opening of your package and clearly record the quality and condition of each valuable item. If any item is subsequently lost or damaged while in the care of an employee of The Company, you will be fully compensated as per the initial insurance agreement. 

Items Sent to The Company in Error

It is your sole responsibility to ensure that you send the correct items to The Company for appraisal. If the item(s) of jewellery received does not match the description that you provided on the self-assessment form, a representative of The Company will contact you to clarify the matter. If you realise that you sent the wrong item, you should contact your Client Services Manager or Customer Service at once. We will assist you to ship the correct items and return the wrongly sent items. The Company reserves the right to charge customers for the return shipping of incorrectly sent items. 

Unlabelled or Unclaimed Items

If an item is sent to us and is unlabelled, or we cannot identify the legal owner of the item for any reason, we will place the item in secure storage. If an item is sent to us and we subsequently are unable to contact the legal owner, either to complete the sale or return the item, it will be placed in secure storage. After 3 months have elapsed we will impose a weekly charge of $10 to cover the costs of secure storage, administration and insurance. This charge will be deducted from any future payment for the valuable item. If the client subsequently requests the return of a stored item, the client will be liable for any storage costs. If the item is not claimed after six months from the date of receipt, or the accumulated weekly charges equal the estimated value of the item before that date, the item will become the property of Gemesti Inc. and the client will have no further claim to the item. 

Customer Service

If you have any questions about selling your fine jewellery or loose diamonds, wish to check the status of a sent item, or have an enquiry about a payment, you are welcome to contact our Customer Service staff at any time.

 

Tel:(888) 6688-977

Email:[email protected]

Our trained customer service representatives will be happy to assist you in any way they can. If you want to sell an item of fine jewellery, you can start the process right now by completing our short online form. A Client Services Manager will get straight back to you with an initial offer. 

Alternatively, you can check our FAQs if you need more information about The Company’s fast and secure online jewelry buying service. 

Cancellation of the purchase by the Company 

The Company reserves the right to cancel any purchase without explanation. The Company may also close or suspend the Site, or any other aspect of its services and operations. 

Client Privacy and Confidentiality

The Company takes the privacy of our clients very seriously. We attach the highest importance to protecting your privacy and maintaining client confidentiality. Except where legally required, we will not share your details with any third party without your written permission. You can read more about how we safeguard your privacy in our full Privacy Policy.

 

Miscellaneous

This Agreement is governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Delaware.

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Us; User Submissions; and Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Copyright 2020 Gemesti Inc.. All rights reserved.