TERMS AND CONDITIONS
Welcome to the Gessner Holdings LLC Gessner Gems Robert Gessner Jeweler Web Store (“Site”). These Terms of Use (“Terms”) sets forth the agreement between Gessner Holdings LLC, its parent, subsidiaries and other affiliated companies (collectively, "Gessner Holdings LLC" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not agree to the Terms and conditions contained herein, you may not access or otherwise use this Site.
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
Copyright & Trademarks:
Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Gessner Holdings LLC. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Gessner Holdings LLC..
Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Gessner Services or the respective copyright/trademark owner. Gessner Holdings LLC authorizes you to view and download these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.
Correction of Errors and Inaccuracies:
The information on the site may contain typographical errors or inaccuracies and may not be complete or current. Gessner Holdings LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability, or otherwise.
Colors:
We have made efforts to display accurately the colors of products that appear on our Site. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor's display of any color will be accurate. Additionally, each gemstone is natural and formed over millions of years, and as such, each one is unique in their color and natural inclusions. We are able to answer any and all questions prior to placing your order regarding any individual gemstone. However, please still be aware that although our photographs are taken under daylight-equivalent lighting in controlled conditions, the actual color and hue of the stones may differ.
No Guarantee of Product:
All gemstones offered are natural, unless otherwise stated or as part of a piece of jewelry. Additionally, treatments used on the gemstones within our industry are common place. For example, tanzanite is heated, emeralds are oiled, etc… Beyond any guarantees listed in these Terms or on our site, we make no guarantee as to the look or feel of the final product once received.
Optional Tools:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Third Party Links:
Certain content, products and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Shipment and Delivery:
All domestic orders are shipped via UPS or FedEx. International customers are responsible for custom duties and/or any brokerage fees, in addition to the shipping cost assessed during checkout.
If there is physical evidence of tampering, please immediately indicate the damage to the carrier. If the package is empty or damaged, DO NOT ACCEPT THE PARCEL. All loss or damage claims must be reported to us within 24 hours of discovery of the loss or damage.
In addition, we provide fully insured shipping and will confirm delivery to you via the UPS, FedEx or other international shipping carrier tracking number.
Return Policy:
We are proud of our products and we want to make sure you are satisfied; however, we have a strict no return policy. All custom jewelry pieces and orders are non-returnable. Please ask any and all questions you may have regarding the items you wish to purchase prior to finalizing the purchase. Once the purchase is complete and has been processed, the no return policy becomes applicable.
If you want to edit or change your order, simply email us your desired changes. However, if the order has already been processed, we will not be able to make any modifications to the order and the normal return policy applies.
Accuracy of Billing and Account Information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Product Availability:
Although availability may be indicated on our Site, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice to revise, discontinue, or cease to make available any or all products or to cancel any order. We do sell our products on other platforms and through other mediums aside from our Site. We will notify you after an order has been placed if the item is no longer available.
Sales Tax:
Sales Tax (currently 8.25%) is charged to those orders shipped within the state of Texas. Sales Tax is not charged to customers outside of the state of Texas.
Force Majeure:
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties.
Indemnification:
You agree to indemnify, defend and hold harmless Gessner Holdings LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Disclaimer of Warranties; Limitation of Liability:
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Gessner Holdings LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Arbitration:
Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of Texas then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
Severability:
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement:
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law:
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of Texas.
Contact Information:
Gessner Holdings LLC
4656 Milton Street Suite 329
Dallas, TX 75206
robert@robertgessner.com