APPLICATION OF TERMS
All orders, offers and contracts of The Gem Sanctuary shall be on these conditions to the exclusion of any other Terms and Conditions.
By making an order or accepting an order you thereby submit to these Terms and Conditions. These conditions shall not be varied upon unless agreement to vary is recorded in writing and or is agreed upon by The Gem Sanctuary. This shall in no way affect the other applicable terms of the contract.
The Gem Sanctuary may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions.
These Terms and Conditions respect the legal right of consumers ensuing from the law or the contract.
The Gem Sanctuary does not in any way promise or ensure that the stone or product has any physical power and is not responsible for life changes or nothing changing.
If you wish to return an article we will require an email stating your reasons within 14 days after receiving your goods. We only accept return shipments on the condition full postage due is paid for. Furthermore the products must be in a perfect condition, unused, with its original packaging and any original labels provided for.
Upon receiving the return shipment The Gem Sanctuary will return funds due via electronic banking (within a maximum of 3 business days). The Gem Sanctuary cannot accept any responsibility for parcels lost or stolen in transit.
Special offers are subject to availability and cannot be combined with other offers and or promotions.
All special offers and agreements with The Gem Sanctuary are without any obligations and subject to availability.
The Gem Sanctuary reserves the right to change the prices without notice, specifically when it’s required to do so on the basis of (legal) regulations or the conduct of The Gem Sanctuary’s suppliers give cause thereof.
A contract between you and The Gem Sanctuary will only be deemed to exist upon acceptation and confirmation of an order by The Gem Sanctuary. The Gem Sanctuary reserves the right to refuse and stipulate certain terms regarding your order unless explicitly stated otherwise.
In the unlikely event an order’s rejected, The Gem Sanctuary will let you know within ten (10) working days after acknowledging your order.
Pricing – Unless distinctly stated otherwise all prices for the products and services on offer are in Euro’s and are inclusive of 21% VAT. The costs of packaging, shipping as well as possible levies or taxes levied on account of the products on offer will be at the expense of The Gem Sanctuary unless specifically mentioned otherwise.
Discounts are deemed to be granted on a per order basis. Previous discounts are not in anyway binding for The Gem Sanctuary.
The Gem Sanctuary offers payment options only through bank transfer/ electronic banking into The Gem Sanctuary’s account.
If you refrain from making the payment required, The Gem Sanctuary reserves the right to rescind or to terminate the contract and the subsequent provisions thereof.
Delivery – All dates quoted for delivery by The Gem Sanctuary are estimated delivery dates only. Prolonged delivery times do not imply any right to damages nor the right to annul or dissolve the agreement unless the goods will not be available for such time as to be deemed reasonable.
In so far as prolonged delivery is deemed possible The Gem Sanctuary will do all in its power to fulfil its obligations as to delivery times.
Intellectual and Industrial Property rights
You must wholly and unconditionally respect the intellectual and property rights which rest upon The Gem Sanctuary’s products.
Applicable Law and Jurisdiction
All rights, obligations, offers, orders and agreements to which these terms and conditions apply including the terms and conditions themselves are governed by the law of the Netherlands. All disputes will be handled exclusively by the Dutch court and its judiciary.
The contents of this site are the copyright of The Gem Sanctuary. It is prohibited to copy this site or any part thereof without the written consent of The Gem Sanctuary nor is it permitted to frame this site.
The information on this site is subject to change and may be changed, added to or removed by The Gem Sanctuary without prior notice.
INSTAGRAM LIVE SALE ORDERS
By placing an order during a live sale on the Instagram channel of The Gem Sanctuary ( https://www.instagram.com/thegemsanctuary/ ), the customer is committing to purchasing those items and agreeing to all terms and conditions of The Gem Sanctuary, visible for the public on https://thegemsanctuary.com/terms-conditions/ .
If a customer backs out from a claim or decides to cancel their live sale order, the customer will no longer be able to participate in future Instagram live sales of The Gem Sanctuary.
All claims are stated in euro’s excluding shipping costs. Once the customer has received their invoice, payment is due within 24 hours.
After making a purchase in the Instagram live sale the customer is obligated to send their personal details of full name, e-mail address, address and phone number through Direct Message to The Gem Sanctuary on Instagram within 24 hours after the live sale.
The customer will receive their invoice and payment link by e-mail or through PayPal. All payments are due within 24 hours of receiving the invoice.
It is prohibited for attendees of The Gem Sanctuary live sales to advertise other companies during the live sale.
The Gem Sanctuary reserves the right to remove attendees if they exhibit unwanted or unfriendly behavior.
Payment plans are subject to customization. The Gem Sanctuary reserves the right to refuse payment plan requests without any reason. When a customer accepts a payment plan proposal, the customer agrees to all terms and conditions of The Gem Sanctuary, visible for the public on https://thegemsanctuary.com/terms-conditions/ .
The Gem Sanctuary offers payment plans for all live sale orders above €200,- for 2 or 3 terms depending on the total order value.
All payment plans start with their first payment within 24 hours after receiving the invoice, the second payment is due within 30 days and a possible third term is due within 60 days.
The Gem Sanctuary does not calculate any interest on their payment plans.
When a customer agrees to a payment plan he or she is obligated to fulfill the payment obligation for each date set within 24 hours according to the customization of the payment terms agreed upon in their payment plan.
Within a payment plan, 50% of your invoice is a non refundable deposit.
The Gem Sanctuary does not allow items to be canceled or put back after a payment plan has started. If a client cancels the order nonetheless during a payment plan, 50% of the total order value will be refunded, the other 50% of the total order value excluded shipping costs is a non refundable deposit of the payment plan the customer has agreed upon.
When a customer wants to return their order within 14 days of receiving the parcel they will receive their return label in coherence with the customer support of The Gem Sanctuary. If their order was paid with a payment plan, 50% of the order value will be refunded to their account and 50% of the order value will be converted into a coupon valid for 1 year on www.thegemsanctuary.com. This refund will be issued within 14 days after the products have been received back in their original state and packaging without damage.
The customer is responsible for making sure each payment is completed on time within the given time frame of their agreement.
If the customer does not meet the payment date obligation within 24 hours of the date agreed upon, the customer will be charged a fee of €10,- a day until the payment has been received by The Gem Sanctuary.
After a payment is completed the purchases of the client will remain in stock as an open box until the customer requests shipping.
Article 1 – Definitions
GDPR – The General Data Protection Regulation.
Those involved – Individuals whose personal data are processed on the basis of this processor agreement; involved parties as in the sense of the GDPR.
Agreement – This processor agreement, which applies between Parties.
Parties – The name of the Processor and the Controller together.
Personal data – Data with which a natural person can be identified directly or indirectly, as referred to in the GDPR.
Controller – You, who uses our service as a user and therefore provides us with personal data of the Involved. The controller is also the ‘controller’ in the sense of the GDPR.
Processor – We, The Gem Sanctuary, Chamber of Commerce number 72163852 as processor of the personal data that the Controller provides to us.
Sub Processors – Processors that are called in by the main Processor to process certain personal data for the benefit of the Controller.
Article 2 – Background
The Controller acts as ‘controller’ (also referred to as: controller) in the sense of the GDPR. This means that the Controller determines the purpose and means of processing personal data and that the Controller uses the personal data for his own purposes.
The processor acts as ‘processor’ in the sense of the GDPR. This means that the Processor will only process the personal data provided by the Controller in accordance with written instructions from the Controller as described in this Processor Agreement. The processor will not process the personal data for his own purposes.
Article 3 – Processing of processing
During the execution of the Assignment, the Processor will handle the personal data in a careful manner and only process the personal data in accordance to the instructions of the Controller, in accordance with his written instructions and in accordance with this Agreement and the regulations in the GDPR.
The processor will not process the personal data for any other purpose than as determined by the Controller. The processor has no control over the purpose and the means for processing the personal data.
The processor guarantees that persons acting under his authority will only process the personal data in a lawful manner and in accordance with this Agreement and the GDPR.
At the request of the Controller, the Processor will provide the Controller with information about the (security) measures taken to comply with the obligations under the GDPR, this Agreement and the other instructions of the Controller.
Article 4 – Guarantee Responsible
The controller guarantees that the processing of the personal data of the data subjects, as referred to in this agreement, is not unlawful and that no violation is made of the rights of others. The controller indemnifies the Processor against all claims relating to this.
Article 5 – Transfer of personal data
In principle, the processor processes the personal data within the European Union and in countries outside of it which, according to the European Commission, offer an adequate level of protection
The processor will only pass on the personal data to countries without an adequacy decision, if this is in accordance with the provisions of the GDPR. If permission is required from the Parties concerned for this transfer, the Controller will ensure that this permission is obtained.
The Processor will inform the Controller in advance of a processing outside the countries referred to in paragraph 1, unless this is prohibited by law.
Article 6 – Security measures
The processor shall take all appropriate technical and organizational measures to protect the personal data against loss or any form of unlawful processing. These measures guarantee an appropriate level of security of the personal data being processed.
The processor in any case takes the following measures:
– Security of network connections via Secure Socket Layer (SSL) technology or comparable technology
– Back-ups of the personal data in order to restore them in time for physical or technical incidents
Processor will provide the Controller with all available information to assist the Responsible Party in carrying out security measures, enable audits and inspections and carry out data protection impact assessments.
Article 7 – Security incidents
The processor shall report theft, loss or misuse of personal data or any other form of data leak as soon as possible to the Controller. This report includes, where possible, at least the following: the nature of the infringement, the categories and scope of the personal data concerned, the likely consequences of the data breach, the measures taken by the Processor and the point of contact where the Controller can obtain more information.
Where necessary, the Processor will fully cooperate with the proper informing of the authorities and persons involved about such security incidents or data leaks. In addition, Processor will fully cooperate in carrying out risk assessments, analyzing the cause, identifying required corrective measures and implementing them.
Article 8 – Duration and termination
The Parties shall enter into this Agreement for an indefinite period of time.
Termination is possible in writing at the end of the that month with a notice period of three months.
If this Agreement ends or is dissolved, the Parties must continue to comply with the provisions of this Agreement with regard to confidentiality, liability, indemnification and all other provisions that by their nature are intended to continue after termination or dissolution of this Agreement.
If this Agreement ends or is dissolved, the Contractor will return all data, including personal data, that are present at the Worker to the Controller at his request on the basis of this Agreement. The controller must forward this request to the Processor within three months. After this period, Processor will safely remove or destroy all data that it holds under this Agreement (including any copies thereof), unless the Processor is legally obliged to store the data for a longer period of time.
Article 9 – Confidentiality and confidentiality
The processor will treat all personal data and other data that he receives from the Controller confidentially. Processor will restrict access to this data to persons working for Processor who need access to the correct execution of the processing for the benefit of the Controller.
All personal data received by the Processor on the basis of this Agreement is subject to a confidentiality obligation towards third parties. All persons employed by, or employed for the benefit of, the Processor, as well as the Processor themselves, are obliged to maintain the confidentiality of the personal data.
The processor shall not provide the personal data to third parties, copy them, or otherwise multiply or publish them without the consent of the Controller.
Article 10 – Rights of Data Subjects
The Processor will assist the Controller in fulfilling the responsibility of the Controller to respond to requests from Involved Parties, such as the right to access, rectify and change data.
If the Processor receives a request from a third party to provide access to the personal data on the basis of an alleged (legal) obligation, he will first inform the Controller in writing before he provides that third party with access to the personal data, so that the Controller can assess whether request from the third party.
Article 11 – Persons working under the authority Processer
The obligations of Processor arising from this Agreement also apply to those who process personal data under the authority of Processor, including but not limited to employees.
Article 12 – Sub Processors
The processor may use external parties when processing the personal data. The processor has outsourced (partially) the processing of the personal data to the following Sub Processors: Google, Mollie, PayPal, Rabobank, TransferWise, MyParcel, PostNL, DHL, WordPress and SiteGround.
The processor may employ new Sub Processors for the processing of personal data. The Processor will inform the Controller of the addition or replacement of Sub Processors, whereby the Controller will be given the opportunity to object. The Responsible Processor can also request an overview of all enabled Sub Processors.
Article 13 – Indemnity
The Controller is responsible for the personal data (or other data) that the Controller Party shares with the Processor. The Controller indemnifies Processor against claims from third parties or fines imposed by the Data Protection Authority due to the transfer of these data.
The Processor is only liable for direct damage of the Controller, which is directly and exclusively the result of a shortcoming by the Processor.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Processor
Article 14 – Invalidity
If a part of this Agreement is voidable, that will not affect the validity of the remainder of the Agreement. The void part is replaced by a provision that follows as much as possible the content of the void provision.
Article 15 – Final provision
Only written changes to this Agreement are valid.
This Agreement supersedes all prior agreements between the Parties.
Article 16 – Applicable law
Article 17 – Competent court : Court of Groningen