Terms of Sale
Effective Date 3-3-2021
PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES. THIS MEANS THAT YOUR DISPUTE WILL NOT BE HEARD IN A COURT OR BEFORE A JURY AND WILL BE HEARD ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS. ALL SALES ON GEM SHOPPING NETWORK (“GSN” OR “WE,” “OUR,” OR “US”)) SHALL BE GOVERNED EXCLUSIVELY BY THESE TERMS AND CONDITIONS. BY SUBMITTING AN ORDER OR ACCEPTING ANY PRODUCTS FROM GSN, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF SALE IN THEIR ENTIRETY.
- Application of Terms
These terms and conditions of sale (the “Terms”) apply to all purchases of any products from GSN (the “Products”). GSN may, at any time and without notice to you, revise these Terms or add new terms to these Terms. The most current version of the Terms will be posted here on GSN’s website at www.gemshopping.com. You should review these Terms periodically, as the amendments or modifications may affect your rights.
To place an order with GSN, you must be at least 18 years old, have the capacity to be bound by the Terms, provide accurate information to GSN, and comply with the Terms. The advertisement of Products for sale by GSN is an invitation for offers. Your order is considered an offer to purchase, which may be accepted, modified, or rejected in GSN’s sole discretion. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right, without prior notification, to limit the order quantity on any item, to refuse service to any customer for any reason, or to verify any information that you may provide. We may cancel an order at any time for any other reason, and upon any such cancellation we will notify you and refund the amount paid by you (if any) for such order.
GSN may accept your offer only by shipping your order to you. Unless otherwise expressly agreed between you and us, you must pay all sums due at the time of placing an order with us. You are responsible for all sales, use, excise, VAT, or similar taxes, or other charges, which GSN is required to pay, or collect and remit, to any government and which are imposed on, or measured by, the sale.
We reserve the right to correct any errors or mistakes in pricing, product description, or listings, even if we have already requested or received payment. In such case, we may (a) refuse or cancel an order and refund any amounts paid; (b) mutually agree to a pricing adjustment; or (c) allow a return outside the return window. Prices and availability are subject to change without notice.
You acknowledge that the fair market value or an appraisal of the Products may be materially different than the price that you pay for the Products. “Fair market value” means the price at which the Product would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts. An “appraisal” is an estimate of the fair market value. The fair market value of the Products may vary considerably from day to day depending on supply, demand, and market conditions.
Any reference to a “retail price,” a “comparison price,” or other similar words, is meant to be solely an estimate of the price at which a Product would sell at full retail. GSN relies on its vendors to determine the “retail price” of a Product and is unable to accept responsibility of any retail price that they set. The “retail price” may be significantly higher than the fair market value or any appraisal of a Product.
- Transfer of Goods and Risk of Loss
Products purchased will be shipped DAP (INCOTERMS 2020) GSN’s facility. Title, risk of loss, theft, damage, or destruction passes to you at the time of delivery to you by the carrier.
All Products may be returned within thirty (30) days of receipt. A returned merchandise authorization number (“RMA”) is required for all returns and must be issued within seven (7) days of receipt of a Product. An RMA may be obtained by calling 888-391-2315.
- Liability Disclaimer and Limitation; Warranty
GSN will not be liable for any indirect, consequential, incidental or punitive damages, including lost profits, even if GSN has been advised of the possibility of such damages. GSN’S TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT AT ISSUE.
Unless otherwise stated, GSN OFFERS THE PRODUCTS AS-IS, WHERE-IS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED FOR THE PRODUCTS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow us to exclude or limit certain types of damages or implied warranties, so these limitations may not apply to you.
- Binding Arbitration; Class Action Waiver; Choice of Law.
ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OUR RELATIONSHIP, OR THE PRODUCTS SHALL BE RESOLVED IN A BINDING, INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR AND NOT DECIDED IN COURT OR BY A JURY; however, you and us may each bring a claim in small claims court if that claim qualifies under the small claims court rules. The Federal Arbitration Act, federal arbitration law, and the laws of the state of Georgia (without regard to its principles of conflict of laws) will apply to this Agreement and any dispute between you and us.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND YOUR ABILITY TO OBTAIN REVIEW OF AN ARBITRATION DECISION IN COURT IS LIMITED. THE ARBITRATOR MAY, HOWEVER, AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES OR RELIEF THAT WOULD BE AVAILABLE IN COURT, AND THE ARBITRATOR MUST FOLLOW THESE TERMS THE SAME WAY THAT A COURT WOULD.
You and GSN agree that each may bring claims against the other only in your or its individual capacity. Neither you nor GSN can bring a claim as a class member, in a consolidated proceeding, or in a representative capacity. THIS MEANS THAT YOU MAY NOT ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may not preside over a consolidated action and may not issue any relief in favor of a person or entity who is not a party to the proceeding. If the prohibition against class, consolidated, or representative actions is found to be unenforceable, this entire section (except the last paragraph) will be null and void.
To begin an arbitration proceeding, you may send a written demand, containing the nature and basis of your claim and the specific relief sought, to Gem Shopping Network, Inc., 3259 Duluth Highway, Duluth, Georgia 30096, Attn: CUSTOMER SERVICE MANAGER. The arbitration will be administered by the American Arbitration Association (“AAA”) or another administrator, and each party will be responsible for paying its own fees and costs in arbitration, except that GSN will reimburse you for those fees and costs if your claim totals less than $10,000 and is non-frivolous. AAA’s rules for consumer arbitrations can be found at www.adr.org. The arbitration will be conducted in a mutually agreed location or will be determined by the AAA. You may participate by telephone or submit your claims entirely in writing. If AAA determines that this provision does not comply with the Consumer Due Process Protocol, the protocol’s standards will control.
If, for any reason, a dispute between us is in court and not arbitration, the dispute must be brought and litigated exclusively in the state or federal courts having jurisdiction over Gwinnett County, Georgia. All claims will be governed by Georgia law, excluding its choice of law principles. You consent to jurisdiction in these courts and waive any objection to an inconvenient forum. YOU AND GSN WAIVE ANY RIGHT TO A JURY TRIAL.
- Limitation Period for Bringing Claims; Miscellaneous
EXCEPT A CLAIM FOR YOUR NON-PAYMENT FOR PRODUCTS, ANY AND ALL DISPUTES ARISING OUT OF THESE TERMS, THE PRODUCTS, OR YOUR RELATIONSHIP WITH GSN MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. These Terms are the complete agreement between you and GSN with respect to your purchase of Products from us and supersede all prior oral or written representations or agreements that have been made by either party. This agreement may not be assigned by you, GSN may assign this Agreement at any time, and neither you nor us may waive any provision of this agreement unless the waiver is in writing and signed by the party against whom the waiver is sought to be enforced.