TERMS & CONDITIONS
TERMS AND CONDITIONS
October 18, 2023
We reserve the right to update or modify these terms and conditions at any time with prior notice. Your use of J.Ian Gems website, Jiangems.com, www.JIangems.com including but not limited to Facebook, Pinterest, and Instagram any such changes constitute your agreement to follow and be bound by the terms and conditions as changed from time to time. For this reason, we encourage you to review these terms and conditions when using this and other associated media websites.
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Governing Law and Venue
These terms and conditions of sale and services and any separate sales agreements and purchases are governed by and construed in accordance with the laws of California. The venue shall be Orange County California.
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Acceptance of Terms of Use
1. These terms of use set out the basis upon which Jiangems.com consents to your use of the Website. All references to the terms "you" and "your" refer to the customer or user of the person(s) visiting the website and any and all of the associated media websites.
a) By using the website, including making any offer to purchase through this website you:
1) represent to J.Ian Gems that you are over the age of eighteen (18) years;
2) agree not to engage in any activity which may disrupt the website or the electronic systems used to support it;
3) consent to J.Ian Gems, in its absolute discretion, monitoring and restricting your access to this website and all other associated J.Ian Gems media forms including but not limited to Facebook ,Pinterest, and Instagram pages;
4) You agree that you use this website at your own risk.;
5) You agree not to attempt to circumvent any security system used in connection with this website; and
6) acknowledge and accept these terms and conditions of use.
2. If you do not accept all of the terms and conditions as written, please do not use this website.
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LIMITATIONS of LIABILTY
J. Ian Gems, Inc. ("The Corporation") shall not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment and mobile devices of any kind, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials or pictures, from this website. In any case, You agree to indemnify and hold harmless The Corporation and its respective officers, directors, employees, shareholders, affiliates, agents, successors, transferees, retail partners or any party involved in the creation, production or production of the website due to use, inability to use, or use any internet service providers to link to this website, or any or all of the materials, information or services contained in such websites, whether based on guarantee, contract, infringement or any other legal theory, and whether or not inform about possible possibilities. The above limitation of liability does not apply to the scope prohibited by law.
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INDEMNIFICATION
You agree to defend, indemnify and hold harmless J. Ian Gems, Inc., its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against J. Ian Gems, Inc. and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
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TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
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COPYRIGHT and TRADEMARK
Unless otherwise indicated, material on this website, including but not limited to texts, images, illustrations, software, audio and video clips, animation files, is subject to the copyright and trademark rights of J. Ian Gems, Inc. and its subsidiaries and affiliates. Consequently, the material on this website may not be copied, reproduced, modified, posted, transmitted, or distributed without prior written consent of J. Ian Gems, Incorporated. All rights are reserved.
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PRODUCTS, CONTENT AND ITEM DESCRIPTIONS
All features, content and descriptions of products including prices of the products and services described and depicted on this website are subject to change without notice. The sizes of the gemstones and sizes of bracelets are approximate and are provided for convenience purposes only. We make every effort to display the products as best as possible but the actual color you see will depend on your device display. Every stone is made by nature and there are variations in color that cannot be duplicated on each bead. There is no guarantee that all the items will be available at a particular time nor does it warrant that they will become available due to supply chain issues and availability of these gems and findings.
The descriptions are not to be construed as providing a guarantee to better health, mental, physical or emotional. We are NOT able to guarantee any of these things. The descriptions are meant to relay common spiritual beliefs by people of current and ancient times.
Your use of these items in no way suggests they will heal you, please seek medical attention if you are not feeling well emotionally, physically or mentally. By placing an order, you represent that the products ordered will be used only in a lawful manner and as is intended as jewelry to be worn by humans.
WE DO NOT RECOMMEND THESE BRACELETS FOR CHILDREN UNDER 5 YEARS OF AGE. THE BRACELETS ARE INTENDED TO BE WORN ON YOUR WRIST ONLY. THEY ARE NOT INTENDED TO BE WORN ON YOUR ANKLE OR THEY WILL BREAK.
BEADS, SPACERS AND CHARMS ARE CHOKING HAZARDS. BEADS SHOULD NEVER BE PLACED IN YOUR MOUTH, EARS OR NOSE, OR ANY OTHER BODILY ORAFICE THEY ARE NOT TOYS AND ARE NOT EDIBLE. DO NOT EAT THE BEADS, FINDINGS, OR SPACERS. THEY ARE NOT INTENDED TO BE WORN BY ANIMALS, FISH, REPTILES, BIRDS or INSECTS.
SHIPPING LIMITATIONS
We ship to the domestic U.S. only at this time. For all purchases over $99.00 after discounts have been applied, we ship standard mail. Purchases greater than $99 before tax and after the discounts have been applied, we will ship priority mail flat rate providing it ships to one address. We do not ship free to multiple addresses in one order.
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The minimum shipping fee for orders less than $99.00 before tax is $5.95. The shipping fees are dependent on the destination and how many bracelets are ordered.
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The shipping address provided must be a recognized address by the U.S. postal service and cannot be a P.O. BOX address. It must be a street address.
All purchases are subject to shipping contracts and as a result, risk of loss of goods purchased from this website passes to you when received by the carrier. You are responsible for filing any and all claims with carriers for damaged and/or lost shipments. J. Ian Gems provides tracking numbers for all shipments over $99.00 before taxes and before discounts are applied that are shipped free.
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If you want to pay for expedited shipping, please contact us at info@jiangems.com.
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TAXES
Taxes are your responsibility to be paid in accordance with the laws that prevail. We add taxes to your invoice in accordance with the rate of applicable taxes for your state and locality in accordance with all applicable laws Tax rates are determined by the state into which an order is shipped. Free shipping over $99.00 is calculated before taxes and after all discounts are applied to be eligible for free shipping.
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CANCELLATION OF ORDERS: ALL ORDERS ARE FINAL. THERE IS NO CANCELLATION ONCE PAYMENT HAS BEEN MADE AND THIS INCLUDES GIFT CARDS. THERE ARE NO REFUNDS OR CREDITS.
PLEASE REVIEW YOUR CARTS PRIOR TO PAYMENT.
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YOUR ACCOUNT PASSWORD
You are responsible for maintaining the confidentiality of your account and your password. You agree to accept full responsibility for all purchases made under your account and password. J.Ian Gems reserves the right to refuse service, terminate your account and remove or edit contents and access to this site and cancel orders. You warrant you are over eighteen (18) years of age, and providing J. Ian Gems with accurate and truthful information and have full authority to place orders and pay for the goods purchased.
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PRIVACY POLICIES
Last updated 5/10/2023
The Privacy Policies explain how J. Ian Gems collects, uses, and shares information that relates to an identified or identifiable individual or household (“Personal Information”) and what the individual’s rights are with respect to that Information. The Privacy Policies apply to all customers who visit our physical in-person pop-up events and craft shows, shop through or visit our website, www.jiangems.com.
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Please read these Privacy Policies carefully. If you do not agree to our practices, please do not use our website or provide information to us through any other channel. By continuing to use our website or other services, you consent to the privacy practices described in these policies and you agree that we may collect, use, and share your Personal Information in the ways described.
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California residents have special privacy rights under California law.
These California Disclosures supplement our Privacy Policy and contain the additional information that is required to be provided to California residents under the California Consumer Privacy Act. Residents of Canada also have Privacy protection
under the Privacy Information Protection and Electronic Privacy Act ("PIPEDA").
Our Privacy Policies may be updated periodically. The current Privacy Policies are always available on our website and the date on which the Policies were last updated (the "Revision Date") is always shown at the top of the Privacy Policies pages.
We know that you care about how your personal information is used and shared. Our Privacy Policies, including these supplemental California Disclosures, and PIPEDA describes how J. Ian Gems, Inc. (the "Company" or "we") collects your personal information (including when you visit our websites and physical in-person pop-up events and craft shows, use our mobile application, the purposes for which we use the information, and the types of third parties with whom we might share it. Our Privacy Policies also describe your rights to obtain, update, delete, and restrict the use of information we have about you. Each time you provide us with personal information, you are consenting to the practices described in our Privacy Policies.
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Categories of Personal Information We Collect
The types of information that we have collected during the 12 months before the Revision Date fall into certain categories established by the California Consumer Privacy Act:
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Identifiers, such as your name, address, email address, and phone number
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Personal information, such as a signature, credit or debit card number, or driver's license number
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Age, gender or gender identity, marital status, religion, or other protected characteristics
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Visual information, such as images captured on cameras in our pop-up events or craft shows
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Commercial information, such as history of products purchased or considered
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Internet or other electronic network activity information, such as browsing history and information regarding your interaction with advertisements and other features on our websites
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Inferences drawn from the information described above to create a customer profile about you.
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Source of Personal Information
We collect the information described above from the following sources: advertising networks, social networks, data analytics providers and directly from you.
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Purposes For Which We Use Your Personal Information
We use your personal information to provide services to you and to operate, develop, and improve our business and the products and services we offer to our customers. For example, we use your information:
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To take and handle orders, deliver products and services, process payments, and communicate with you about your orders
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To deliver marketing and promotional communications that we believe may be of interest to you, including ads or offers tailored to you
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To personalize your experience with us
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To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
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For our business purposes, such as risk control, data analysis, audits, developing new products and services, debugging and enhancing our website, improving the products and services we provide to you, and identifying usage trends and determining the effectiveness of our promotional campaigns
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We do not sell your information; however, we are not responsible for 3rd parties that install cookies and their use of your data.
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Your Rights Under the California Consumer Privacy Act
If you are a resident of California, the California Consumer Privacy Act gives you the following rights with respect to your personal information:
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The right to ask us to disclose what personal information we have collected, used, disclosed, or sold about you
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To make a request for disclosure by sending requests to info@jiangems.com or by sending a letter to J. Ian Gems, 5505 E. Santa Ana Canyon Road, Anaheim, CA 92807 Box #17175.
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We will use the process below to verify the identity of anyone who requests your personal information
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You can ask us to provide this information to you up to twice in any 12-month period
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You may ask us to disclose information in any of the categories listed above under "Categories of Personal Information We Collect"
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We will not disclose information that we are prohibited from disclosing by applicable law. For example, the California Consumer Privacy Act prohibits us from disclosing your credit card number or account password.
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The right to ask us to delete the personal information that we have collected from you
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To make a request for deletion, by sending requests to info@jiangems.com or by sending a letter to J. Ian Gems, 5505 E. Santa Ana Canyon Road, Anaheim, CA 92807 Box #17175.
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We will use the process below to verify the identity of anyone who requests deletion of your personal information
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Please note that deleting your information will remove your purchase history from our records, so after deletion we will be unable provide you with a record of your purchases
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Under the California Consumer Privacy Act, we are not required to delete your personal information if we need it for certain purposes, such as completing a transaction you requested or fulfilling the terms of a written warranty
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The right to opt out of sales of your personal information
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You have the right to tell us not to sell your personal information (the right to "opt out")
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We do not sell your information. We cannot control or be responsible for 3rd parties or their actions, therefore, if want you can you send us a request not to sell your information to info@jiangems.com or by sending a letter to J. Ian Gems, 5505 E. Santa Ana Canyon Road, Anaheim, CA 92807 Box #17175.
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The right not to be discriminated against for exercising your privacy rights
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We cannot treat you differently, such as by refusing to sell you goods or services or charging you different prices, because you chose to exercise your privacy rights.
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Verifying a Request to Disclose or Delete
In order to protect your information from unauthorized disclosure or deletion, we will not disclose any information unless we believe that the person making the request is you or your authorized agent. To verify the identity of the requestor, we will ask for your name, address, and email address. We will also ask you for an additional piece of information to match information we already know about you, such as the last 4 digits of your credit card number, the last item you purchased, or a shipping address you have used in the past. We may send an email or text message with an authentication code to a device you have used previously to communicate with us. If you have a password-protected account with us, we can verify your identity by using your account authentication credentials.
If you have authorized someone else (an "authorized agent") to request information on your behalf, you must give the agent your written and signed permission. We may request that you identify yourself directly and confirm that you have authorized the agent to submit the request on your behalf.
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Protection of Children's Personal Information
We recognize the importance of protecting the privacy of children's personal information. We do not knowingly collect personal information from anyone under the age of 16. If you believe that a child younger than 16 has provided personal information to us, please contact us at info@jiangems.com.
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For More Information
If you have questions or comments about our Privacy Policy or these California Disclosures, you can contact us:​
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By email at info@jiangems.com.
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By postal mail at J. Ian Gems, Inc. 5505 E. Santa Ana Canyon Road Anaheim, CA. 92807 Box#17175
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Credit Card Security
Is it safe to use my credit card?
J. Ian Gems understands your concerns regarding Internet security. The secure software encrypts all of your personal information including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. The Internet is as secure as using your credit card in a store or over the phone. Please contact your credit card issuer for additional information. We do not share your credit card information with anyone other than the banks and processors required to process your transaction.
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Gift Cards
Your purchase and use of our gift card(s) constitutes acceptance of these terms:
The value of gift cards never expires. It will be delivered via e-mail.
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Gift cards are redeemable by the bearer for merchandise or services at J. Ian Gems.com. Gift cards may not be returned or redeemed for cash. Please treat gift cards like cash; they are not replaceable if lost, stolen or if used without authorization.
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It is redeemable for merchandise only at J. Ian Gems.com.
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Only one (1) gift card can be used and applied at checkout on each purchase or total transactional invoice.
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Gift cards are not reloadable.
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Sales and coupons are not applicable to the purchase of a gift card.
External Links
This website may contain links to other sites not controlled by J. Ian Gems. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. Linking to any web page on this Web site is prohibited absent our express written permission. Associating or juxtaposing our Web site or its Materials (e.g., through framing or inline linking) with advertisements and/or other information not originating from our Web site is expressly prohibited.
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User Submissions
You may submit survey responses, product reviews, suggestions, ideas, and other content to us on or through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments"). By making such disclosure, submission or offer of any Comments, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You grant us the right to use the name and state of residence that you submit in connection with such Comments, if we choose to do so. J. Ian Gems, Inc. shall not be limited in any way in its use, commercial or otherwise, of any Comments. J. Ian Gems, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that you will not submit Comments to the Site that (a) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) or (b) contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
By providing Comments to us on or through the Site, you represent and warrant that you own or otherwise control all of the rights to the Comments that you post; that the content is accurate; and that use of the Comments you supply will not violate these Terms and will not cause injury to any person or entity. We reserve the right, but shall not be obligated, to monitor and edit or remove any visitor activities or Comments. J. Ian Gems, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
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User Content
We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, photographs, video, messages, comments on our products and other material (collectively, "User Content"). All User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and others.
We cannot guarantee that others will not copy, modify, or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the Site.
We assume no responsibility for the deletion or failure to store postings or other information submitted by you.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site (as determined by Us in our sole discretion).
You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
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Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary for any reason or no reason, with or without notice. We are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
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User Conduct
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that will harm any person in any way, that is prohibited by these Terms and Conditions, or prohibited by contract or law. You are responsible for all of your activity in connection with the Site.
Violation of our Terms and Conditions may result in immediate termination of your license to access or use the Site and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms and Conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.
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No Endorsement
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content, or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
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Transactional Email Communications
It is our policy not to accept an order online unless you provide us an email address. By making an online purchase, you give us explicit permission to send you emails regarding the status of your order and to contact you with questions pertaining to your order and to respond to questions and or comments.
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Your Rights Under the Privacy Information Protection and Electronic Documents Act (PIPEDA)
J Ian Gems is committed to protecting the privacy and personal information of its website visitors. This privacy policy statement outlines our practices for collecting, using, disclosing, and protecting personal information in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
Personal Information Collection: We may collect personal information from visitors to our website through the use of cookies, web beacons, or other tracking technologies. This information may include your name, email address, phone number, shipping and billing address, IP address, and other information related to your use of our website.
Cookies: We use cookies to collect information about your browsing behavior, such as pages viewed, links clicked, and time spent on our website. This information is used to improve the functionality of our website, to provide a more personalized browsing experience, and to facilitate the processing of orders.
Data Retention: We retain personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law. When we no longer require personal information for its original purpose, we will securely dispose of it in a manner that ensures its privacy and security.
Disclosure of Personal Information: We may disclose personal information to third-party service providers who perform services on our behalf, such as shipping, payment processing, and marketing. These service providers are required to protect personal information in accordance with industry standards and are prohibited from using it for any other purpose. We may also disclose personal information as required by law or when necessary to fulfill the purposes for which it was collected.
Security: We take reasonable measures to ensure that personal information is protected against loss, theft, and unauthorized access, use, disclosure, or modification. We also require our third-party service providers to protect personal information in accordance with industry standards.
Access and Correction: We will provide you with access to your personal information and allow you to correct any inaccuracies, subject to certain exceptions as provided by law. You may also request that we delete your personal information, subject to our legal obligations and business requirements.
Consent: By using our website, you consent to the collection, use, and disclosure of your personal information as described in this privacy policy statement. You may withdraw your consent at any time by contacting us.
If you have any questions or concerns about our privacy policy statement or our handling of personal information, please contact us at info@jiangems.com.
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WHOLESALE INQUIRIES
J.Ian Gems is not selling Wholesale at this time.
PAYMENT METHODS
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Credit / Debit Cards/Apple Pay