C Gems Guarantee

C Gems

Buyer’s Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH C GEMS©

OFFERS ITEMS FOR PURCHASE OR BID

Effective 1/1/03

This agreement describes the terms and conditions applicable to the bid or purchase of any and all items C Gems markets and sells on all internet sites where C Gems conducts business. This document is a binding legal contract and is intended to protect the customer as well as C Gems.

C Gems may amend this buyer’s agreement at any time by posting the amended terms on our company website located at www.hjracing.com/cgems. All amended terms will automatically be effective one day after initially posted on our company website, unless otherwise stated within our Buyers Agreement. This agreement may not be amended for any reason, except in consensual writing signed by both the customer and C Gems. This agreement is effective for all new bids or purchases.

100% Satisfaction Guarantee, 30 Day Inspection period and 1 Year Limited Warranty .

C Gems provides a 30-day inspection period from the date of shipping in which the customer may notify C Gems of any defects or shipping damages. We offer a 100% Satisfaction Guarantee. If the customer is dissatisfied with the product for any reason it may be returned if C Gems is notified within 30 days from date shipped. C Gems will not, under any circumstances, accept any item for return or refund that is a special order, such as "Mother’s Rings" where a C Gems sets the gemstones for the customer, or any item that is deliberately damaged to avoid the restocking charge. Shipping and handling fees are not refundable. A restocking fee of 15% will be applied on all return items unless a defective item cannot be replaced. 1 Year Limited Warranty. In addition to the inspection period C Gems will warranty our jewelry items against defects in material and workmanship for a period of one year from date of purchase. No other warrantee or guarantee is expressed or implied. The buyer shall bear the shipping cost and liability of goods returned to us. C Gems will not accept any returns without an RMA number. To obtain a return authorization number, contact us by the methods described under the contact section of this agreement. All returned goods must have the RMA number clearly visible on the outside of the package. The customer must include a note inside the package with the RMA#, the contact information and description of request. A package that arrives without an RMA # or that is returned to a location other than the address listed below can be refused. All packages must be returned to the C Gems home office regardless of their shipping origin.

Return Address:

C Gems

18919 E. 2400N

Bismarck, Illinois 61814

Contact and Communications.

Email is an easy and convenient means in which to contact C Gems. However, it is not a reliable means of communications and it should never be assumed that any email the customer sends to C Gems has reached its intended destination, unless he/she receives a clear response regarding each individual email that he/she has sent to C Gems. Many emails that C Gems sends or responds to are often rejected by the host system for various reasons. Therefore, it is imperative that the customer contact C Gems by way of FAX or telephone for all concerns or inquiries that require immediate attention. Our company attempts to answer all email that we receive with in 2 business days. C Gems normally does not answer email on weekends, holidays or after normal business hours. If the customer does not get a response from C Gems within 2 business days of his/her initial contact attempt then he/she should assume that the email has failed. If a customer’s inquiry is of a nature that needs immediate attention, or the email has failed, he/she should promptly contact us by phone, FAX, U.S. Mail, or other mail carrier. For any form of time sensitive request, such as but not limited to, return authorization or refunds, we will extend the time period by two days when email fails where the customer must contact us phone or use snail mail. If you use U.S. Mail, or other carrier, the postmarked date will be considered the contact date.

Our main email address is: cgems@hjracing.com

Phone 217-759-7176. Monday - Friday from 5:00PM to 9:00PM Central Time

FAX (217)759-7176 (Fax is available at all times)

Mailing Address:

C Gems

18919 E. 2400N

Bismarck, Illinois 61814

Bidding and Buying.

Customers are obligated to complete the transaction with C Gems if he/she purchases an item through one of C Gems' fixed price formats or if they are the highest bidder, as described below. If you the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and the bid is accepted by C Gems, you are obligated to complete the transaction with us. By bidding on an item you consent to be bound by this agreement and the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the auction company's rules or unlawful. Bids are not retractable excluding exceptional circumstances including, but not limited to, a material change in the products description after you bid, or a clear typographical error is made.

Payment.

The customer agrees to pay C Gems in full for sold items and the applicable shipping and handling fees within ten days of the closing of an auction or sale date. Accounts that are more than thirty days past due may be considered a breach of this agreement. It is the buyer’s responsibility to get his/her payment to C Gems correctly. C Gems will send an email when the customer’s payment is posted. The customer should not assume that his/her payment has reached us until he/she receives valid confirmation. If a customer does not receive a confirmation by email in the expected time, please contact us.

Over payment.

Sending the proper payment is the buyer’s responsibility. In the event the buyer over pays through no fault of C Gems, we will first attempt to apply the over payment to any unpaid balances that may be due. If no other balances are due we will refund the over payment as follows; If payment was made by electronic means such as credit card, we will credit the amount of the over payment less any fees that C Gems is charged by the processor and an additional $2.00 handling fee. If the over payment was made by check or money order, we will issue a check for the full amount of the over payment less a $2.00 handling fee.

Pictures appearance, perception, and glare.

C Gems attempts to display pictures that represent the most typical specimen of our merchandise. Many natural gemstones are unique with patterns and shade and may vary considerably, although they will be of the same grade and value. Our pictures are taken from different angles and distances in order to show the optimal view and are not to scale. Due to the many different sizes of monitors and their possible display resolutions, it is not possible to accurately determine the size of any object in any picture. C Gems specifies the sizes, weights, and dimensions for most of our products. Customers should rely on the written text in the description to judge the correct size of any product. It is also difficult to display the exact color of an item due to variations in computer monitors. The standard weight measurement for gemstones is in Carats (cts) and the standard dimension measurements are in Millimeters (mm). It is recommended that the customer becomes familiar with these standard jewelry measurement units to accurately determine the specifications of the merchandise C Gems offers.

Feedback all sales except eBay.

C Gems takes its customers’ feedback and ratings very serious. For this reason we have made a substantial investment in our reputation. Therefore, we make every reasonable effort to satisfy each customer within the terms of this buyer’s agreement and C Gems' other regulations. We have a 100% Satisfaction Guarantee and we also guarantee safe delivery of all packages. Because we offer such considerations the customer must contact us as described in the "Contact and Communications" section of this agreement and give us an opportunity to satisfy your complaint before leaving any negative or damaging feedback's or ratings in any public forum. You forfeit any right to leave feedback if you fail to pay us in full or breach this agreement. There can be serious repercussions for disclosing or publishing false or inappropriate negative feedback's or ratings. Inappropriate negative feedback includes, but is not limited to; criticism as a result of any action we are entitled to do by law; negative feedback regarding the terms of this agreement, or the user agreement of the auction company where the item was purchased, and any claim that can not be proven. In such cases of inappropriate feedback we can seek damages both actual and punitive as well as attorney fees in addition to having to having the feedback removed. There is no other restriction in this agreement to prevent anyone from leaving negative feedback or rating after the transaction is final as long as the claim can be substantiated.

Feedback on eBay.

Liability Limit.

C Gems is not responsible for the use or misuse of any of our products. Our maximum liability will not be greater than the actual amount paid for the item, plus the normal shipping and handling fees.

Errors and omissions.

In the event of a material error or omission in the description of any item the buyer may cancel the transaction and is entitled to a 100% refund of the amount paid for the item plus any shipping and handling paid to C Gems. The buyer will also be entitled to free priority shipping on their next purchase. If an error occurs in the starting bid price of any auction item, we may cancel the auction before or after the auction closes with out remedy to the buyer other than a complete refund of any money paid. The buyer is not entitled to any other remedy other than described here.

No longer available or out of stock items.

In the rare event that any item is temporarily out of stock we may delay shipment of up to five business days. If an item is unavailable for more than five days, or becomes lost, damaged, or any reason that prevents us from delivering the item, the buyer is entitled to a 100% refund of all money paid for the item and shipping plus the buyer will be entitled to free standard shipping on the next purchase. The buyer is not entitled to any other remedy other than described here.

Electronic Payment: Paypal.

We will accept this form of payment as cash. We reserve the right to decline any electronic payment that doesn't meet our internal policies. Most electronic payment companies restrict us to ship only to the verified address on file with that company. In these cases we will refuse to any other address. The buyer agrees not to process any charge backs for any payment that the buyer had authorized. C Gems will credit the account from which the payment was sent for any items returned for refund or any items lost in shipping that comply with the terms of this agreement. Buyer agrees to waive the tracking number and proof of delivery required by applicable companies unless buyers selects and pays for Express shipping in the USA. C Gems will accept claims for lost items in the mail upon completion of a US Postal form PS1000. No proof of delivery or tracking is available out side of the USA. Our maximum liability for lost goods out side of the USA will not be greater than the maximum insurable amount allowed by the US Post Office.

Checks and Money Orders.

We do not accept checks and money orders that are not drawn on a US bank in US dollars. Exception for Canadian Postal money orders that are in US dollars. There are NO EXCEPTIONS.

Breach.

Without limiting other remedies, we may immediately issue a warning; we may terminate your transaction and refuse to provide any services to you; you may forfeit any and all rights for an exchange or refund for any reason including items lost in the mail and any undelivered goods: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if you fail to pay in full within 30 days of the close of the auction or purchase date for all items; or (c) if you damage C Gems by leaving harmful or negative comments that are false or unsubstantiated in any public forum such as, but not limited to, "Feedback" or "Rating" of any Internet auction or on-line store; or (d) You fail to contact us by the methods described in the "Contact and Communications" section of this document and give us an opportunity to correct the problem before leaving harmful or negative comments that are in any public forum such as, but not limited to, "Feedback" or "Rating" of any Internet auction or on line store.

Litigation.

Any legal controversy or legal claim arising out of or relating to this Agreement, our services or products shall be resolved in the jurisdiction of C Gems home office in Vermilion County, Illinois. By making a purchase with C Gems, buyer agrees to submit to the jurisdiction of Vermilion County, Illinois, and specifically waives any defense of lack of personal jurisdiction. C Gems further sets the sum of $1,500.00 as liquidated damages for breach of this agreement regarding negative feedback as set out in paragraph 15, above. In the event the court rules against C Gems, we will pay the judgment within 30 days unless an appeal is filed. In the event the court rules in favor of C Gems, we may charge the judgment to the customer’s credit card on file unless appeal is filed. Access to C Gems through the Internet shall not be construed as C Gems purposeful availment of the privileges or benefits of doing business in any state or legal jurisdiction other than the State of Illinois. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to it’s conflicts or choice of laws principles. In any legal action arising out of or relating to this Agreement, our services or products, the Vermilion County Court, State of Illinois, shall have sole and exclusive jurisdiction and venue, over such action, or if that court lacks subject matter jurisdiction, the United States District Court for the Central District of Illinois, shall have sole and exclusive jurisdiction and venue over such action.

General.

This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama residents. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or not enforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by C Gems, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope, or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by others.

Reserve The right To Restrict Access.

We reserve the right to to restrict access to any of our Internet sites and auctions. We have the right to block or other wise refuse service to any one that has breached this agreement. If we send notice in any form or we add any name to a blocked bidder list on any site. The Buyer is considered banned from any further transaction with C Gems regardless of any alias used.

Diamond Color, Gemstone Weights and Dimensions, Gold and Silver weights, and Ring Sizes may be approximate and have a tolerance range with which they may vary. Please see the link below;

Weight and Size Tolerance Table

Gemstones may be treated.

Please see link below;

Gemstone Treatments

C Gems

Weight and Size Tolerance Table

For Diamonds, Color Gemstones, Ring Size and Metals

The stated weight for any and all gemstones either loose or mounted in jewelry that we sell, is the approximate of the average sample on hand at the time the ad was created and can vary plus or minus as much as 25% in some cases. This includes weights stated in either fractions or decimal form unless the ad specifically uses the word "Exact " in which case the USA standards will apply.

Diamond weight .01 to .25 plus or minus 20%

Diamond weight .26 to .50 plus or minus 18%

Diamond weight .51 to .75 plus or minus 15%

Diamond weight .76 and up plus or minus 10%

All Diamond dimensions plus or minus 10%

Color Gemstones all weights plus or minus 25%

Color Gemstones dimensions plus or minus 15%

Gold all weights plus or minus 20%

Silver all weights plus or minus 20%

C Gems

Gemstones Treatments

It is common practice for most manufactures to enhance gemstones for better color, clarity or other reasons. Most of the gemstones we have are imported from over seas where we have no control over the cutting and treatment process. We are unaware of any specific treatment, if any, of most of our gemstones. Therefore it should be assumed that all C Gems gemstones are treated or enhanced in some way unless otherwise specifically stated.

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