THE FOLLOWING SETS OUT THE TERMS ON WHICH OGILVIE GEM COLLECTION, LLC OFFERS YOU ACCESS TO THE OGilvie Gem Collection (“Site”) AND ITS SERVICES. BY SUBMITTING THE REGISTRATION FORM YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use the Site to which this Terms of Use applies.
This Agreement may be amended by OGilvie Gem Collection, LLC at any time by posting the amended terms on this Site. The amended terms shall automatically be effective 7 days after they are initially posted on the Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of the Site or the services provided on the Site following the posting of any amendments will mean that you accept these amendments.
Services
Availability. Any person wishing to use the Services as a Bidder or Buyer must first register as a member. Registration is free.
Registration of Membership. You may become a member by supplying all the requisite information to OGilvie Gem Collection, LLC and you are required to accept this Terms of Use unconditionally by clicking the “I have read and accept OGilvie Gem Collection, LLC’s Terms of Use” checkbox during the registration process.
Membership Eligibility
You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your OGilvie Gem Collection account, User ID, Password, may not be transferred or sold to another party.
Prices Displayed
All prices shown are quoted in USD currency, United States Dollars.
Refunds & Returns
Returned items must be in its original condition, 100% the original item purchased and shipped to you, complete containing ALL original materials, boxes and packing materials, accessories and associated documentation provided. The customer is responsible for shipping charges on returned items. We strongly recommend that you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Items that are on auction or on a combination of auction with the option to buy now to end the auction and purchase the item are non refundable. OGilvie Gem Collection, LLC shall not be responsible for processing such requests.
All valid returns or exchanges must be initiated and shipped back within 7 days of receiving your item. Items will only be refunded or exchanged if they are returned with all of the original material, packaging materials and associated documentation that was purchased and shipped to you. We need up to 14 days from the date of receiving a valid return to thoroughly inspect valid returned items before refund is issued.
OGilvie Gem Collection, LLC reserves the right to refuse a return request for any reason, at any time and under any circumstances.
Section relating to Auction and Buy Now
Your obligations as a Buyer. If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or, in respect of a Buy Now sale you issue a purchase order with a fixed price, you must complete the transaction in the manner specified. By making a bid or buy now to purchase, you warrant and represent to OGilvie Gem Collection, LLC that you have the financial ability and legal right to enter into and complete the transaction. You must pay to OGilvie Gem Collection, LLC the total due amount including shipping costs and taxes once the total due amount is confirmed at the checkout.
Bids on auctions are not retractable.
Items that are on auction or on a combination of auction with the option to buy now to end the auction and purchase the item are non refundable.
Payments
Winning bids for items on auction must be paid In full along with shipping, taxes and applicable fees within 3 days.
When clicking add to cart or buy now to end the auction, payments for these items are due immediately along with shipping, taxes and applicable fees to complete the purchase.
Indemnity Clause
You agree to indemnify and hold OGilvie Gem Collection, LLC and (as applicable) OGilvie Gem Collection’s parent, subsidiaries, suppliers, affiliates, officers, consultants, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
Release Clause
You release OGilvie Gem Collection, LLC (and our officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the OGilvie Gem Collection Site.
Jurisdiction and Governing Law
This Agreement is subject to International law.
Termination/Survival: This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.
Liability Limitations
To the fullest extent permitted by law, in no event shall OGilvie Gem Collection, LLC or any of its directors, employees, agents, suppliers or others with whom it may collaborate to provide the Site and or products have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Site, even if OGilvie Gem Collection, LLC has been advised of the possibility of such damages. HOWEVER, IN THE EVENT OGILVIE GEM COLLECTION, LLC IS FOUND LIABLE, OGILVIE GEM COLLECTION’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OGILVIE GEM COLLECTION’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF SHIPPING FEES YOU PAID TO OGILVIE GEM COLLECTION, LLC FOR SHIPPING COSTS OF PURCHASED ITEMS IN THE 2 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ERRORS/MISTAKES
We reserve the right to cancel orders if pricing or information errors occur on our website or in any media advertising we take part in. While we try to keep all information and pricing correct, errors due happen sometime.
Privacy Policy Section*
PRIVACY POLICY
The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers’ needs.
INFORMATION WE COLLECT
When you visit our Web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
PERSONAL INFORMATION YOU MIGHT PROVIDE
For example, you may need to provide the following information:
Name Website URL information Email address Home and business phone number
In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
USE OF WEB SITE INFORMATION
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
HOW WE USE THE INFORMATION YOU PROVIDE TO US
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed and designed to safeguard the security and privacy of our customers’ personal information. As a customer, you will be given the opportunity.
Cookies
Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Cookies can remember what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user’s transactions on related Web pages. This makes it easier for a user to move from Web page to Web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.
HOW WE USE INFORMATION COLLECTED FROM COOKIES
We use Web site browser software tools such as cookies and Web server logs to gather information about our Web site users’ browsing activities, in order to constantly improve our Web site and better serve our customers. This information assists us to design and arrange our Web pages in the most user-friendly manner and to continually improve our Web site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our Web site as they move from one page to another. Web server logs allow us to count how many people visit our Web site and evaluate our Web site’s visitor capacity. We do capture information, such as IP addresses, geolocation, and even inputted personal data, as well as session replays.
HOW WE PROTECT YOUR INFORMATION
We utilize encryption/security best practices to safeguard your personal information, we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
DO WE DISCLOSE YOUR INFORMATION TO THIRD PARTIES
No, all customer information remains within our company.
LEGALLY COMPELLED DISCLOSURE OF INFORMATION
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
End of Privacy Policy Section*
Information Security
No data transmission over the internet can be guaranteed as totally secure. OGilvie Gem Collection, LLC does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to OGilvie Gem Collection, LLC is transmitted at your own risk. Nevertheless, once OGilvie Gem Collection, LLC receives your transmission, it will take reasonable steps to preserve the security of such information.
Warranties
(a) This Site is provided by OGILVIE GEM COLLECTION, LLC on an “as-is” basis and the only obligations on OGilvie Gem Collection, LLC are set out in this Agreement. You agree that OGilvie Gem Collection, LLC will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale. OGilvie Gem Collection, LLC gives no warranty or condition, express or implied other than those expressly set out herein. OGilvie Gem Collection, LLC does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. OGilvie Gem Collection, LLC does not warrant or make any representations regarding the use or the results of the use of this Site. OGilvie Gem Collection, LLC specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
(b) The payment gateway and the ancillary payment processing facilities are provided to the you for convenience only and OGilvie Gem Collection, LLC gives no warranty, expressed or implied, in connection with such facilities. OGilvie Gem Collection, LLC will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.
Integrity of System
You must not:
1. use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted on this Site;
2. take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;
3. disclose or share your password to any third parties or use his/her password for any unauthorized purpose.
Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.
Agency
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between OGilvie Gem Collection, LLC and any Bidder or Buyer or other Users of this Site or the Services.
Shipping Risk of Loss Policy
The risk of loss and title for all products purchased by you and shipped by OGilvie Gem Collection, LLC pass to you upon OGilvie Gem Collection’s tender of the products to the carrier for delivery by the carrier to your specified delivery address. The risk of loss and title for all products purchased by you and shipped directly by one of OGilvie Gem Collection’s vendors pass from such vendor to you upon such vendor’s tender of the products to the carrier for delivery by the carrier to your specified delivery address. Any package signed for at your specified delivery address or delivery at your specified delivery address is verified in writing by the carrier shall be conclusively deemed delivered to your specified delivery address.
Shipping Policy
All purchased items will be shipped 3 business days after cleared payment.
Our shipments are fully insured, from our doorstep to yours.
We use FedEx Express for most of our shipments. A signature is required for high-value orders.