BR Gems NYC LLC Terms and Conditions
BR Gems NYC LLC do business as BR Gems NYC LLC in the USA.
BR Gems NYC LLC owns and operates this website. The contact address for correspondence is listed at contact us page of our website.
BR Gems NYC LLC are used interchangeably throughout these terms and conditions.
Terms and conditions
These terms and conditions govern your use of our website. Use means the interaction, browsing, reading, discussing, viewing, sharing, posting, downloading and or the ordering of products offered for sale on our website. By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or place an order on our website.
Information collected on our website has been gathered from many different institutions. Some articles are contradictory. Our work in finding this information was very extensive and because of the multiple origins, we cannot therefore be responsible or liable for any errors, omissions, reports, advise, inaccuracies or otherwise of any article.
Neither BR Gems NYC LLC, nor any original provider of the material, accept any liability for any direct, indirect, incidental, or consequential loss of business profits or special damages arising from its publication, availability, sale or offer for purchase from BR Gems NYC LLC
Limitation of liability
You expressly understand and agree that BR Gems NYC LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from BR Gems NYC LLC
You agree to indemnify and hold BR Gems NYC LLC, and its subsidiaries, affiliates, suppliers, officers, agents, representatives or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any communication or transaction with BR Gems NYC LLC.
You expressly understand and agree that:
- Your use of our website is at your sole risk. The content of our website is provided on an as is and as available basis. BR Gems NYC LLC makes no promises or guarantees that our website will be available at all times.
- Any material downloaded or otherwise obtained through the use of our website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
All the material contained on the BR Gems NYC LLC website is copyright © BR Gems NYC LLC. All rights reserved.
No part of any page or any graphic from the BR Gems NYC LLC website may be copied, reproduced, transmitted or distributed without the express written permission of BR Gems NYC LLC and or BR Gems NYC LLC.
If you require any further information on permitted use, or a license to republish any material, please contact us at the address on of the page.
If you are granted a license to reproduce material you will be required to follow some simple guidelines about the way the information is displayed.
An acknowledgement of the source must be included whenever BR Gems NYC LLC copyright material is copied or published.
Product Availability and Pricing
If you’re interested in a piece of jewelry that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
We offer FREE SHIPPING! Items will be shipped within 5 days of purchase. Items are shipped via UPS or USPS. Items valued at $500.00 and more will be shipped with signature required at delivery.
Ordering and order acceptance
After you have added merchandise to your shopping cart and before you provide any payment details, you must understand, agree to and accept all the terms and conditions set forth herein.
If you do not understand, agree to and accept all of these terms and conditions, please do not place an order with BR Gems NYC LLC
After you have placed your order, we will display an order confirmation page and send an email receipt. Your order confirmation or email receipt is not a contract, but only a record of your offer to purchase a particular item at a particular price.
After you place an order, BR Gems NYC LLC will determine whether or not to fill the order.
BR Gems NYC LLC reserves the right to refuse to fill your order for any reason, including, but not limited to, the unavailability of a product or errors in the prices and product descriptions posted on this website.
By placing your order, you agree that BR Gems NYC LLC’s total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to BR Gems NYC LLC for the product giving rise to BR Gems NYC LLC’s liability.
If you place an order via a third party or via any of our employees, either by telephone, by fax, by postal service, by courier service, by email, at a trade show, at an exhibition, in person or by any other method, you explicitly agree and accept all the terms and conditions set forth herein.
All prices on the BR Gems NYC LLC website, unless specifically stated, are listed and charged in US dollars.
Payment All orders are prepaid in US dollars. BR Gems NYC LLC accept Visa, Mastercard, Discover, American Express, Debit Cards through Paypal. Prices, taxes, duty etc.
Prices listed on our website are each or per unit as applicable. No sales tax will be added, however, any local taxes, duty, import taxes, etc. are the responsibility of the purchaser.
When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.
Policy on Conflict Diamonds
At BR Gems NYC LLC., we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an International System that policies the trade of diamonds to ensure they are from sources free of conflict.
Order processing, processing times and procedure.
There are two distinct steps to every order we receive. These are the processing times and the shipping time.
Order processing times are the number of business days required to get your order ready. Shipping and delivery times are the number of business days required to get your order from our office to your door.
For orders that require expedited service, we offer a same-day and express processing service and fast shipping services, both of these are provided at additional cost.
Some orders may require additional verification of billing, shipping, credit card and or a signed confirmation of order. You will be notified by email if your order requires any further verification and your reply in a timely manner to any verification requests is required.
If you request a specific delivery date – date-certain and this is not available with the processing options you choose, we will automatically upgrade and up charge your order to meet the specific delivery date – date-certain you requested.
All the shipment is fully insured.
Order Receipt, Shortages, Damages and Order Discrepancies
Before your order is shipped, at least 2 different people have checked the order, inspected the order and signed off to confirm that the order is complete and correct. Your order was carefully packaged and labeled before we shipped it.
After we have shipped your order and after you have received your order, it is your responsibility to check the contents of the order immediately.
If an order was shipped by courier service including Fedex, UPS, or other door-to-door carrier and arrives noticeably damaged, if any package is squashed, open or partly open, crushed, bent, re-taped or re-sealed, then you may accept the package at your own discretion. Please notify BR Gems NYC LLC immediately if any package is not in good condition or you believe the package has been opened or re-sealed. At your discretion you may refuse any package that was delivered by courier service whereupon it will be returned to BR Gems NYC LLC.
All orders shipped by courier service are insured and we will work with you and the courier service to arrange new or replacement merchandise as quickly as possible.
Receipt is deemed to have taken place when FedEx, UPS, or other door-to-door courier service or any other carrier we use has provided notification that the package(s) have been delivered. If the order was shipped by Postal service, order receipt is deemed to have taken place 7 business days after the package left our office unless the Postal Service provide documentation to show otherwise.
No claims for damages, shortages or order discrepancies will be accepted after 48 hours from receipt.
In all instances of order shortages, order damages or order discrepancies, the sole liability ofBR Gems NYC LLC will be the replacement, the repair or the refund of any merchandise that was short or damaged. Under no circumstances whatsoever will BR Gems NYC LLC be liable for any other costs, fees, penalties, rebates, discounts, performance claims or any type of consequential loss, whether explicit or implied, if any order does not arrive in a satisfactory or complete or fully working condition.
If you wish to return your order or part of your order, please notify the office by email, telephone or fax within 30 days of the delivery date of the merchandise. If you request a return after 30 days of delivery BR Gems NYC LLC is not obliged to accept any return.
If you requested same-day or express processing and then return the merchandise, we will not refund any of these charges if the order was processed within the scheduled processing times.
If you requested fast or express shipping and the courier fails to deliver within the scheduled service time, we will refund the shipping cost as soon as we have received notification from the courier that they failed in their service guarantee.
If you order merchandise and delivery cannot take place for any reason and the merchandise is returned, we will apply a restocking fee for such non-delivered merchandise of at least 5%. We will not refund any shipping charges associated with the returned order for non-delivery. If you wish to have the merchandise re-shipped you must notify us within 10 business days and you agree to pay the entire shipping costs again.
Sales, special offers, coupons and clearance
From time to time we make available special offers, discounts on items, end-of-line items, discontinued items, special sales and special promotions. All items that are sold as a final sale or special promotion item are sold and supplied “as-is” and as such are generally non-returnable. Furthermore, if you have any kind of store credit, store rebate or additional coupons, these are usually redeemable on retail items outside of any sale or any special promotion.Certain restrictions about coupon usage are noted on specific coupons.
If you have any questions regarding anything on our website including products, quantities, processing, shipping, delivery or returns, please contact us either by email or phone.
Colors All pictures, photographs, color descriptions and all references to any colors on our website are indicative only. Gemstone color varies greatly with the quality and nature of the gem. This nuance of color cannot be adequately captured in most photography so that the gem may appear different when viewed in person.
We reserve the right to substitute any product with an alternative product of equal or greater quality or value.
BR Gems NYC LLC reserves the right to apply cancellation fees to any order which is cancelled or partly cancelled by you.
When you submit and place your order, which includes the relevant payment and delivery details, we in turn may accept your order. At that time we incur substantial administration and/or warehouse costs to process your order.
The appropriate cancellation fee we may apply is 5% of the merchandise value.
If your “standard item(s)” order has been received and we are unable to fulfill the order and/or are out of stock and/or we are unable to obtain your merchandise in a timely manner, then NO cancellation fee will apply and we will issue a full refund including any shipping and handling charges.
Disputes and problems
All and any disputes or problems of any kind are to be initially directed to our office by telephone, fax, e-mail or postal mail.
Postal mail: 20 West 47th Street, Suite 501 New York NY 10036
Please allow 7 business days for our investigation and reply.
If we fail to respond within a timely manner or if you are unsatisfied with our response, you may at your discretion take the dispute to a third party such as your credit card company, the Better Business Bureau, the Chamber of Commerce or even an attorney.
If you choose to take the dispute or problem directly to a third party such as a credit card company, the Better Business Bureau, the Chamber of Commerce or even an attorney without firstly bringing the dispute to our attention, then we reserve the absolute right, and you give us the absolute authority, to make additional administration charge to your credit card for any and all additional charges we may incur as a result of your actions.
If in doubt, contact us first and give us a chance to sort it out.