GemstoneSafe.com Customer Agreement

Last Updated: 21.09.2025

Welcome to GemstoneSafe.com. This Customer Agreement ("Agreement") governs your access to and use of our e-commerce platform and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access or use our Services.

1. Our Role as a Platform

a. GemstoneSafe.com operates as an e-commerce platform that facilitates the sale of gemstones by third-party vendors ("Vendors") to customers ("Customers").

b. We are not the seller of record for the gemstones listed on our website. The sales contract for any gemstone is solely between the Customer and the respective Vendor.

c. We provide a platform for Vendors to display their products and for Customers to make purchases. We charge a service fee to Vendors for this service.

d. We take partial responsibility for the authenticity, quality, and accuracy of the gemstones offered by our Vendors, as verified through our Local Verification and Fulfillment Office. This office conducts a mandatory quality assurance process for all gemstones before they are dispatched. Any claims or disputes related to the quality or description of a gemstone can be mediated through GemstoneSafe.com to facilitate a resolution between the Customer and the Vendor. Our mediation efforts do not waive the Customer's legal rights against the Vendor.

2. User Accounts

a. To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.

b. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Product Listings and Descriptions

a. All product descriptions, prices, and availability are provided by the Vendors.

b. While we encourage Vendors to provide accurate information, we do not guarantee that the product descriptions, colors, or other content on the website are accurate, complete, or error-free. The actual color of a gemstone may vary from the image displayed on your screen due to your monitor settings.

c. The Local Verification and Fulfillment Office verifies product descriptions and details, including any accompanying gemstone certificates, as part of our quality assurance process before a product is shipped.

d. All sales are subject to the specific terms and conditions set forth in the individual product listing, including but not limited to, the Vendor's return and refund policy.

e. All descriptions are provided by the Vendors and are subject to the Hong Kong Trade Descriptions Ordinance (Cap. 362). Vendors are prohibited from applying false trade descriptions to goods on the platform.

4. Orders, Payments, and Transactions

a. By placing an order on GemstoneSafe.com, you are making an offer to purchase the product from the Vendor. Your order is not accepted until the Vendor confirms the order and the payment is successfully processed.

b. You agree to provide accurate and complete payment information. All payments for transactions on GemstoneSafe.com must be made using the authorized and legal payment solutions provided on the website, which include secure third-party payment gateways. You are prohibited from using any illegal, fraudulent, or unauthorized payment methods.

c. You explicitly agree that all funds used to make a purchase on our platform are legal funds and are not derived from any illegal activities, including but not limited to money laundering, fraud, or tax evasion. We reserve the right to perform due diligence and to report any suspicious activity to the relevant authorities as required by Hong Kong's Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO).

d. GemstoneSafe.com may use third-party payment processors to facilitate transactions. By making a purchase, you agree to the terms and conditions of these payment processors. We are not liable for any issues, including but not limited to security breaches, arising from the use of such third-party services.

e. Any attempt to make a payment using an unapproved method or engage in a fraudulent transaction will result in the immediate cancellation of the order and may lead to the suspension or termination of your user account.

f. The payment methods provided on our website are in compliance with the relevant financial regulations in Hong Kong, including the Payment Systems and Stored Value Facilities Ordinance (PSSVFO) and the AMLO.

5. Shipping and Delivery

a. Shipping and delivery are managed by the respective Vendors through our Local Verification and Fulfillment Office.

b. The delivery times and shipping costs specified on a product listing are estimates and may vary.

c. We are not responsible for any delays, losses, or damages that occur during shipping.

6. Returns and Refunds

a. All sales are eligible for return for any reason within seven (7) days of the confirmed delivery date. To initiate a return, you must first contact GemstoneSafe.com customer service.

b. Upon approval of the return, the Vendor will issue a full refund equal to the original transaction amount, which includes the gemstone price, original shipping fees, and insurance costs.

c. Vendors are not permitted to charge a restocking fee for any returns made within the 7-day period.

d. Customers are responsible for all return shipping costs and are strongly advised to use a secure, trackable, and insured shipping method to protect the return shipment.

e. In Hong Kong, under the Sale of Goods Ordinance (Cap. 26), goods must be of "satisfactory quality," "fit for their intended purpose," and "correspond with their description." If a gemstone does not meet these criteria, you may have legal recourse against the Vendor.

7. Intellectual Property

a. All content on the GemstoneSafe.com website, including but not limited to text, graphics, logos, images, and software, is the property of GemstoneSafe.com or its content suppliers and is protected by copyright and other intellectual property laws.

b. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

8. Limitation of Liability

a. To the maximum extent permitted by Hong Kong law, GemstoneSafe.com shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Services.
• Any conduct or content of any third party on the Services, including but not limited to, any defamatory, offensive, or illegal conduct of other users or Vendors.
• Any content obtained from the Services.

b. The total liability of GemstoneSafe.com for any claim arising out of or relating to this Agreement or the Services shall not exceed the service fees we have received from the Vendor for the specific transaction in question.

9. Indemnification

You agree to indemnify and hold harmless GemstoneSafe.com, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.

10. Governing Law and Jurisdiction

a. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

b. You agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Hong Kong.

11. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into this Agreement. By using our Services, you consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy, in compliance with the Personal Data (Privacy) Ordinance (Cap. 486).

12. Amendments

We reserve the right to amend this Agreement at any time by posting the revised terms on our website. Your continued use of the Services after the posting of the revised Agreement constitutes your acceptance of the changes.

12. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.

12. Severability

If you have any questions about this Agreement, please contact us at info@gemstonesafe.com