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Terms & Conditions

Terms and Conditions for GemsMart

Effective Date: March 07, 2026

Welcome to GemsMart. By accessing or using this platform, you ("User" or "you") agree to comply with and be bound by the following Terms and Conditions. These Terms govern your use of the marketplace, including buying, selling, browsing, or interacting with vendors and products.

1. Marketplace Structure and Role

1.1 GemsMart operates solely as a platform connecting buyers and sellers of gemstones and jewelry.

1.2 GemsMart does not own, sell, or ship products directly. All transactions are conducted between the buyer and the seller.

1.3 GemsMart is not responsible for the actions, omissions, or conduct of sellers, buyers, or third-party service providers.

1.4 All users acknowledge that GemsMart's role is limited to providing a platform for listing, purchasing, and communication.

2. User Eligibility

2.1 Users must be 18 years or older and legally competent to enter into binding agreements.

2.2 By using the platform, you affirm that you comply with all applicable U.S. laws, regulations, and rules governing the purchase, sale, and possession of gemstones and jewelry.

3. Account Registration

3.1 Users must provide accurate, complete, and up-to-date information when registering.

3.2 Accounts are non-transferable and may only be used by the registered user.

3.3 Users are responsible for maintaining the confidentiality of account credentials and for all activities conducted under their account.

4. Product Listings and Transactions

4.1 Sellers must provide accurate, complete, and non-misleading information about all products, including certifications, descriptions, and images.

4.2 GemsMart does not guarantee product authenticity, quality, or fitness for purpose; all purchases are at the buyer's discretion.

4.3 Buyers acknowledge that all transactions occur directly with the seller. GemsMart facilitates payment and communication but is not a party to any sale contract.

5. Payments

5.1 Payments are processed through secure, authorized payment gateways.

5.2 GemsMart is not responsible for payment disputes arising from chargebacks, refunds, or third-party payment provider issues, except as required to facilitate the return/refund policy.

6. Shipping and Delivery

6.1 All shipping and delivery obligations are managed by the seller.

6.2 GemsMart is not liable for delayed, lost, or damaged shipments, nor for customs duties, import/export fees, or other regulatory requirements.

7. Returns and Refunds

7.1 Returns and refunds are governed by the GemsMart return policy.

7.2 Requests for returns or refunds will be considered only if they fully comply with the policy conditions.

7.3 GemsMart is not liable for disputes between buyers and sellers beyond enforcing policy-compliant returns and refunds.

8. User Conduct

8.1 Users agree not to:

  • Post misleading, fraudulent, or illegal content
  • Engage in harassment, defamation, or abusive behavior
  • Circumvent GemsMart's security, policies, or mechanisms

8.2 GemsMart reserves the right to suspend or terminate accounts violating these Terms.

9. Intellectual Property

9.1 All content on the platform, including text, images, trademarks, and logos, is owned or licensed by GemsMart.

9.2 Users may not copy, reproduce, or distribute platform content without prior written consent.

10. Limitation of Liability

10.1 GemsMart is provided "as is" and "as available".

10.2 To the fullest extent permitted by U.S. law, GemsMart is not liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to:

  • Loss of profits or revenue
  • Loss of products or payments
  • Legal disputes between buyers and sellers

10.3 Users acknowledge and accept that all transactions carry inherent risks, and GemsMart is not responsible for buyer or seller losses arising from transactions conducted on the platform.

11. Indemnification

11.1 Users agree to indemnify, defend, and hold harmless GemsMart, its affiliates, employees, and officers from any claims, damages, liabilities, or expenses arising from:

  • Use of the platform
  • Violation of these Terms
  • Buyer-seller disputes or third-party claims

12. Governing Law

12.1 These Terms are governed by the laws of the United States of America.

12.2 Any disputes arising from these Terms or the use of the platform shall be subject to the exclusive jurisdiction of the courts in the United States.

13. Modifications

13.1 GemsMart reserves the right to update or modify these Terms at any time.

13.2 Users are responsible for reviewing the Terms periodically. Continued use of the platform constitutes acceptance of any updated Terms.

14. Miscellaneous

14.1 If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

14.2 These Terms constitute the entire agreement between the user and GemsMart regarding platform use.

Vendor Payment, Escrow Processing & Compliance

1. Escrow-Style Payment Handling

To ensure transactional security and protect both buyers and sellers, GemsMart operates an escrow-based payment process. When a customer completes a purchase:

  • Payments are first received and securely held by GemsMart or its authorized payment partners.
  • These funds remain in escrow until order completion is confirmed in accordance with marketplace policies.
  • Vendors do not receive payment directly from buyers at any time.

This system is designed to promote trust, minimize fraud, and safeguard the integrity of high-value gemstone and jewelry transactions.

2. Vendor Payout Requests

Vendors may request a payout only after an order is marked as fulfilled and no active disputes, claims, or return investigations are pending.

GemsMart will process payouts in accordance with the platform's Payout Schedule and Payment Release Policy.

All payment releases are subject to verification checks and compliance review.

GemsMart reserves the right to delay, withhold, or deny payouts in circumstances involving policy violations, suspected fraud, incomplete documentation, or pending investigations.

3. Mandatory Vendor Verification (KYC / KYB)

To maintain marketplace security and compliance with U.S. regulations:

  • All vendors must complete Know Your Customer (KYC) or Know Your Business (KYB) verification as required.
  • GemsMart may request identity documents, business licenses, certificates of authenticity, proof of origin, or other compliance documentation.
  • Failure to complete required verification may result in account suspension, payout delays, or removal from the platform.
  • GemsMart may update its verification requirements at any time in response to regulatory changes or internal risk assessment.

4. Policy Updates and Continuous Improvement

GemsMart is committed to maintaining a secure, transparent, and compliant platform. Therefore:

  • The Terms & Conditions, including payment, escrow, vendor verification, and marketplace procedures, may be updated periodically.
  • Continued use of the platform constitutes acceptance of the most recent version of the Terms & Conditions.
  • Vendors will be notified of major changes when feasible, but it remains the vendor's responsibility to review policies regularly.

These updates help ensure the safety of the platform, the protection of vendors, and the consistency of the user experience.

5. Limitation of Responsibility

GemsMart facilitates payment processing and escrow services but does not assume responsibility for external payment processor delays, banking restrictions, or compliance holds.

Vendors acknowledge that payout timing may vary based on verification requirements, banking systems, and regulatory obligations.

This structure ensures that neither GemsMart nor its vendors are unfairly held liable for delays or issues outside of their control.