RETURNS POLICY

CANCELLATION OF THE TRANSACTION BY THE USER

Only the ordering user may cancel the transaction in writing subject to and pursuant to the provisions of the Consumer Protection Law – 1981 as well as the regulations by virtue thereof and subject to the cancellation terms on the website or in the relevant shop.

A refund will be given pursuant to the provisions of the Consumer Protection Law and according to the payment methods through which the transaction was carried out.  A refund to the credit card will only be given to the credict card through which the purchase was paid and according to the timetables and the terms of the credit company.  As far as the user paid delivery fees, they will not be refunded upon the cancellation of the transaction.

In any event in which the consumer requests to cancel the transaction pursuant to the Consumer Protection Law during the period that preceded the transfer of the payment to the jeweler - the consumer will first contact GEMS, so that his request will be checked and examined.  GEMS’ decision about the consumer’s request will be checked after weighting the allegations of the consumer and the jeweler and its decision will bind both parties.

After the period that is mentioned in the Consumer Protection Law and after the payment was issued to the jeweler, every request and/or allegation and/or warranty will be forwarded to the jeweler.

Products with a gemological certificate - it is hereby clarified that a product with which a gemological certificate was provided on behalf of any licensed laboratory - whether the product was examined on behalf of the seller or the buyer – they buyer will have no allegation against the website and/or anyone on its behalf for its examination in another licensed laboratory and the authority of such an examination will not constitute any evidence and/or allegation in this matter.

How to cancel a transaction? A user's request to cancel a transaction will be carried out by contacting the Company's customer service through a designated form or via email in which the user will specify his details, the details of the order he wishes to cancel, the reason for the cancellation of the transaction and the payment methods through which it was carried out.

When is it possible to cancel a transaction? A user may cancel the transaction and receive a refund from the date on which the transaction was carried out to the date on which the order was received, or from the date on which a document with the details of the transaction was received as required by law, whichever later.

If it is a senior citizen, a physically-challenged person or a new immigrant, the transaction can be canceled within a time frame of 4 months from the date of the implementation of the transaction or the delivery of the piece of jewelry (whichever later). The shop / website may request a certificate which proves it as required by law and as the case may be.

What are the types of transaction cancellation

​​​Transaction cancellations without cancellation fees

Discrepancy - a user who requests to cancel the transaction due to a defect in the product, a discrepancy between the product that was received and the product that was described in the proper disclosure form or another contractual violation. Even if the package of the product has already been opened, the seller will reimburse the user within 14 days from the day on which the cancellation notice was received and will make sure that the product is returned from his home on account of the consumer without charging cancellation fees.

In any event in which a user claims “discrepancy” about a product that was provided thereto, he must prove that there indeed is a discrepancy between the ordered product and the supplied product.

This claim is not the Company’s justification or approval of the transaction cancellation without receiving an explicit proof for the alleged discrepancy.

Transaction cancellations with cancellation fees

In the event of a cancellation which is not a result of a discrepancy as defined below, that part of the transaction price that was paid by the user will be reimbursed within 14 days from the date on which the cancellation notice was received. It will cancel the debit due to the transaction; it will provide a copy of the cancellation notice of the debit; and it will collect cancellation fees which will not exceed 5% of the price of the product or the service which is the subject of the contract or the transaction, or NIS 100, whichever lower. In this case, the user will return the product to the seller on his account.

Special cases in which it is impossible to cancel a transaction

Special products according to the law. The right to cancel the transaction will not apply to products which are specified in the law, to products that do not correspond with the details of the order confirmation and to pieces of jewelry that were personally assembled.

No refunds on gifts. No refund will be given for items for which no financial consideration has been paid, such as gifts.

A consumer has no right to cancel a transaction in order to infringe GEMS’ right to claim its damages if products whose value declined as a result of significant worsening in their condition while they were in the consumer’s possession are returned, excluding if a product which was used, whose package was opened or damaged, which was damaged, harmed and/or received any blow whatsoever was returned.

The shop will be subject to the Company’s decisions about the return of products, and it will be obligated to realize its decisions with respect thereto.

Chargeback.  A 3D Secure service is operated in the GEMS’ website which will result in a situation in which buyers on the website undergo an additional verification process after entering their credit details.  This process ensures that the buyers will not be able to file chargebacks while claiming that the card was not used by them and/or that they did not carry out the transaction.  * It will be possible to file chargebacks with respect to issues that relate to the failure of the consideration of the product as defined in the Consumer Protection Law.

CANCELLATION OF THE TRANSACTION BY THE SHOP AND/OR GEMS

The Company may cancel a transaction or a sale, in its entirety or in part thereof, in the following cases:

Violation of the website's terms of use. As far as any of the paragraphs of these Articles of Association and/or of any  binding document and/or any of the terms of a service that was offered by the website was violated - at the Company's discretion.

Incorrect details were entered. If it turns out that the user entered incorrect details while registering to the website and/or while placing the order. The Company is not responsible if the seller and/or the buyer entered incorrect details and if any malfunctions occurred as a result thereof, and it will also not bear any expense that is related thereto.

Illegal use of the website. If an action or an omission was carried out which may detrimentally affect the website and/or any third parties, including customers, employees and the suppliers of the website. If the use of the website allows and/or encourages and/or helps to take an action that is considered illegal according to the laws of the State of Israel.

Wholesale purchase. If there is concern that the purchase is carried out as part of a wholesale purchase and/or for a resale of the buyer or of anyone on his behalf.

Financial debt. When the user owes a financial debt to the website and/or to the seller and the deadline for its payment has already passed.

Concern about the consideration for the purchase. When the Company expresses a concern that the consideration for the purchase will not be received and/or that the user’s credit card was blocked and/or was restricted for use in any way whatsoever and/or has not been approved by the bank and/or the credit company for any reason whatsoever - subject to the conditions of the bank and the credit company, respectively.

Error and/or malfunction. If any error has been made - including a human error and/or a typographical error and/or a malfunction in communication and/or another technical malfunction - which garbled the price of the product and/or the item’s description on the website and/or in the delivery of the product delivery.

Cases beyond our control. In the case of a hindrance and/or a delay as a result of force majeure, such as - but without derogating from the generality of the aforesaid – an act of war, hostility, terrorism, cyber sabotage, intentional or unintentional malfunction on the shop’s website, strikes and closures, unusual natural events, malfunctions in the clearing of the credit cards and any other reason which is not the result of an action or an omission by the website.

A product that ran out of stock. If the product ran out of stock after or before a sale was carried out and the aforementioned order was canceled, the website will not be responsible and will not bear any damage that was caused to the user and/or to a third party, including but not limited to damage due to the purchase of the product at a higher price from a third party.

In each of the following cases, the user will not be refunded for shipment fees, and the Company may be paid by the user for its damages as far as they occurred in light of the aforesaid.

A notice about the cancellation of the transaction. The notice of the cancellation of the sale will be forwarded to the user via e-mail and/or in writing to the address that the user stated while registering for the purchase. In this case, the order will be canceled, and the Company will not charge the user's credit card (even if the credit card was not charged at the time of the cancellation notice) or it will refund the user for any amount that was paid on account of the product, as far as it was paid.  Excluding for the reimbursement of the aforementioned transaction amount, the user will have no allegation, claim and/or demand of any kind and type whatsoever against the Company for the cancellation of the transaction as stated in this paragraph.

Without derogating from the aforesaid, the Company may - at its sole discretion - not confirm an order for additional reasons.

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