TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER OBLIGATIONS REFERENCED IN SECTION 10, BEFORE SUBMITTING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR WEBSITE
These terms and conditions of sale (“Terms of Sale”) apply between you (“you”) and RMC GEMS THAI CO. LTD. (www.shoprmcgems.com), a company registered in Bangkok, (“us”, “we” or “our”) when you purchase products or services from our website located at www.shoprmcgems.com. These Terms of Sale apply in addition to our Terms of Service, which are hereby incorporated by reference.
You must be 18 years or older to place an order and purchase products or services through our website. Our website is for the promotion of our products or services Worldwide. Unfortunately, we may not accept orders from or deliver to addresses in certain countries. The information regarding the same would be available upon checkout.
- OUR CONTRACT WITH YOU
1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2 We reserve the right to accept or reject orders at our discretion, to impose quantity limits on an order and to discontinue offering certain products or services without prior notice. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product(s) or service(s) ordered. For example, we may not accept your order if: the product or service you requested is out of stock or no longer available; your credit reference or fraud screening check does not meet our minimum requirements; we cannot verify your delivery or payment information; we have identified an error in the price or description of the product or service; or we are unable to meet a delivery deadline you have specified, among other reasons.
1.3 We will assign an order number to your order and notify you by email when we accept your order. Please have your order number available for reference whenever you contact us about your order.
- OUR PRODUCTS
The images of the products on our website are for illustrative purposes only and your product (including the packaging) may vary slightly from those images. Although we have made every effort to display the colors accurately, we cannot guarantee that the display of colors by your computer or device accurately reflects the colors of the products. The size of your item may also vary from the advertised size and the table below provides an indication of the size tolerance (for round shape Lab Grown Diamonds only):
|
Total Diameter |
Min carat weight |
Max carat weight |
|
1/10 |
0.085 |
0.11 |
|
1/8 |
0.115 |
0.14 |
|
1/5 |
0.18 |
0.22 |
|
1/4 |
0.23 |
0.28 |
|
3/8 |
0.37 |
1040 |
|
1/2 |
0.45 |
0.57 |
|
3/4 |
0.69 |
0.79 |
|
1 |
0.95 |
1.11 |
For further information on the weights of smaller sized stones please refer to our Stone pricing section. In the event you believe a product you purchased differs from the way the product was depicted on our website, you have the right to return the product and seek a refund as described in Section 7 below.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order, please contact us using the details below. It may not be possible to change an order, but we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product or service, the timing of delivery or anything else which would be a necessary alteration to your order as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If so, we will need to issue a cancellation and refund of your original order and will then place a new order for you. If we cannot make the change or the consequences of making the change are unacceptable to you, you have the right to return the product and seek a refund as described in Section 7 below.
- OUR RIGHTS TO MAKE CHANGES
We may make changes to these Terms of Sale at any time. If we make changes, we will post the amended Terms of Sale on our website and update the effective date below. We encourage you to review these Terms of Sale prior to making any purchase through our website to ensure you understand the terms and conditions that apply to your purchase.
- PRICE AND PAYMENT
5.1 The purchase price of products or services will be the price indicated on the order page as part of the checkout process. All prices are primarily shown in U.S. dollars (unless the default currency is changed by you as per your preference) and taxes, shipping and handling charges are additional. Prices displayed on the website may vary from those in our stores or from store-advertised prices. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product or service's correct price is less than our stated price, we will charge you the lower amount. If the product or service's correct price is higher than the price stated to you at the time you place your order, we will contact you for your instructions before we accept your order. All prices are subject to change without prior notice.
5.2 You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products or services. We will collect applicable taxes if we determine we have a duty to collect such taxes. We may or may not present an estimate of taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. We may not be required to collect taxes in your state. Your purchases are not tax-exempt merely because we fail to collect tax. If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.
5.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes, fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter to proceed with your order.
- DELIVERY
6.1 The cost of delivery will be as displayed to you on our website prior to completing your purchase. Once you have provided delivery details and your order has been confirmed, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.
6.2 If your order is received before 1pm EDT on a working day, we will dispatch your order within 1-2 working days. Any orders received after 1pm EDT or on a Saturday, Sunday or holiday will be dispatched in the following 1-2 working days.
6.3 In our standard shipping you will receive your order within 10 to 15 working days (may vary from country to country and/or city to city) from the day that we dispatch your order. Before you check out, you may have the option to choose express delivery and the cost and delivery times (shorter delivery times) for this option will be displayed on our website.
6.4 We will not be liable for any damages, loss and/or delays in delivery caused by events outside our control, but if there is a substantial delay in delivery (not applicable where delivery option chosen by you in untraceable by us i.e. for example Bangkok Post), you may contact us to cancel your order and request a refund for any products you have paid for but not received.
6.5 We use a third-party courier company/ forwarding agent to deliver our products. Hence, the option of which delivery option to choose is entirely up to you. The terms of our sale are ‘Free on Board - FOB Origin’, this means the liability for any damage, loss or delay while the goods are in transit passes to you as a buyer. You would be liable for purchasing insurance for the shipment while in transit. Our liability ends upon delivering the goods to the forwarding agent/ courier company, as per your selection.
6.7 The title of ownership of the goods passes to you once we accept the order and receive the payment in full for the same. We strongly recommend you to choose the delivery option with a reputable company (i.e. FedEx, DHL) that provides tracking service. Furthermore we urge you to buy the insurance for the shipment while in transit to avoid any unnecessary losses to you and an unpleasant buying experience.
- REFUNDS AND RETURNS
7.1 Our hope is that you are satisfied with your RMC GEMS THAI CO. LTD. (www.shoprmcgems.com) purchase. We do not currently offer exchanges, so if a new item is required, please return your item by following the process described below, and then place a new order for the replacement product. Please note the order should have been delivered using a traceable freight service to be eligible for a return and refund.
7.2 You may return a product and receive a full refund, provided that the product is returned unworn, in its original condition, and with the product tag attached.
To begin the returns process, please email us within 7 working days from the date that the product was delivered to you. *It is essential that your email consists of our issued invoice for the product in question, the courier dispatch note and the image of the product. Upon receiving the email, we will get back to you regarding the best way to ship the product to us. You may choose a freight of your choice or await our assistance for returning the product. Once you have received our email to ship out the product you have up to 30 days to ship the product back to us. All charges of the freight and insurance are to be borne by you. We will not accept any items returned to us via untraceable and/or uninsured shipping option. Your product must be placed back into the original packaging and shipping box and have the product tags intact prior to shipping it back to us. include a copy of your original dispatch note inside the box. Your order will arrive with two copies of the dispatch note, so in the event of a return you can keep one copy for your records. Please ensure your personal details (name, telephone number, and email) are filled out on the dispatch note. Please ensure you receive a proof of postage from the post office when you ship back your product, as we are unable to issue refunds for products that are lost in transit or not received. In addition, we accept no liability for any items that might be lost in transit should you choose an alternative shipment method. We recommend that you insure your shipment.
7.3 Refunds for properly returned products will be credited to your original payment method within 30 days from the date we receive the product. We reserve the right to reject any returns that do not meet the conditions of this Section 7. If non-conforming returns are sent to us, we will return these items to you. Please contact us with any questions about returning defective or faulty products. In the event we will analyze the product and accept the return (only if the product is not as per our complying standards), the defective or faulty products should be returned inside their original packaging where possible.
- DISCLAIMER AND LIMITATION OF LIABILITY
8.1 To the maximum extent permitted by law and subject to the sections below, we and our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners and employees (individually and collectively, the “RMCGEMS Parties”) will not be liable to you under any theory of liability—whether such losses arise in contract, tort (including negligence), warranty or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if the RMCGEMS Parties have been advised of the possibility of such damages. The total liability of the RMCGEMS Parties for any claim arising out of or relating to these Terms of Sale or products or services made available for sale through our website, regardless of the form of the action, shall not exceed $1,000.
8.2 Nothing in these Terms of Sale will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or intentional misconduct of the RMCGEMS Parties; or (c) any other liability that cannot be excluded or limited by applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
8.3 Your use of the products or services sold through our website is at your sole risk. Except as otherwise provided in a writing by us, the products are provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the products or services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- PRIVACY
For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.
- DISPUTE RESOLUTION; BINDING ARBITRATION
10.1 Disputes arising from these Terms of Sale and the purchase and sale of products or services through our website are subject to the dispute resolution provisions contained in our Terms of Service, including the mandatory arbitration provision and class action waiver for certain types of disputes.
10.2 Any dispute arising from these Terms of Sale and the purchase and sale of products or services will be governed by and construed and enforced in accordance with the laws of Bangkok. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Thailand.
- OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but this will not affect your rights or obligations under these Terms of Sale.
11.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.3 Each of the provisions of these Terms of Sale operate separately. If any arbitrator, court or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any the remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.
11.4 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. These Terms of Sale constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.
11.5 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).
- CONTACT US
Questions and comments regarding these Terms should be sent to: online@shoprmcgems.com
Registered company name: RMC GEMS THAI CO. LTD.
Registered address: 919/478 Jewelry Trade Center Building
40th Fl. Silom Road., Bangrak
Bangkok 10500, Thailand
BKK Company registered number:
These Terms were last updated on December 6, 2018.