Terms & Conditions – Greenland Ruby

RubyCloudtm Terms & Conditions

IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

These terms and conditions (the “Terms and Conditions”) apply when you purchase gems on the Greenland Ruby RubyCloud™ website. The Terms and Conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system capacity or in relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to “you” or “your” means you as a user of the website, any reference to “we”, “us” or “our” means Greenland Ruby.

By accessing this website in any way, including, without limitation, browsing this site, using any services, and/or submitting information to Greenland Ruby, you agree to and are bound by the terms, conditions, policies and notices contained in these terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and choice of law.

Placing Orders

To place an order, this website requires you to register online. Your application will be reviewed, and if approved, you will receive an email with your login credentials. You will immediately be able to spend up to $10 000 on your account, after which you must complete the Greenland Ruby Customer Profile Documents. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Greenland Ruby immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the website. Greenland Ruby is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

The RubyCloud™  website can be accessed 24 hours a day but may be closed due to maintenance services or technical issues. To the extent possible, maintenance services are carried out during low business hours. A purchase made on a public holiday or during the weekend will be processed on the following business day. We can only process your order if the delivery address is listed in the account information registered with us.

Among other things, we reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:

· Your payment details are incorrect or cannot be verified.

· Your order is placed with the purpose of committing fraud or placed in connection with a criminal offense or other unlawful activities hereunder breach of any applicable AML legislation.

· There is an inadvertent error on the website, such as a payment error or the like.

Before submitting the order, you have the option of making changes to your order or to remove goods from your ‘gem tray’. When you click “Proceed To Payment”, you will enter your credit card information (American Express not accepted), and click on “Continue” to proceed with the payment. An order confirmation will appear on your screen and sent to your inbox. Only when the order confirmation email is sent is your order officially confirmed and binding. If you change your mind, or made a mistake, please contact our Sales Office at sales@greenlandruby.gl

Language of the Sales Contract

This Sales Contract will be conducted in English.

Access to the Sales Contract

You will receive an automatic email confirmation of your purchase. Greenland Ruby will store concluded sales contracts, including the order confirmation, for a certain amount of time, but we recommend that you save these documents as well.

Means of Payment

We accept the following means of payment:

· Visa or Mastercard.

· No cash or “in kind” payments will be accepted.

By paying with your credit card, you will be asked to enter the card’s three digit security code found on the reverse of the card.  The security code is necessary for the payment to be processed and for maintaining a high level of security.

Payment Procedures and Shipping

During the check-out process, you will be able to select the Fedex Shipping Options, after which the shipping charges will be added to your order.  

Greenland Ruby will prepare your shipment within two business days. Once your package leaves our warehouse/is picked up by our shipping company you will be able to access your order history under your “My Account” portal. You will be able to download the invoice and follow up your shipment using the tracking link. Please note that in France, a Fedex flat-rate may not be available. We may use another form of shipment and will notify you by email.

Measures Against Fraud

In order to protect you and our other customers against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data registered in your account, including your address and payment information.

Prices

The listed prices for gems on the website does not include shipping costs, taxes and value-added taxes which may be invoiced separately or included in the invoice. Import Duties are your responsibility.

Currency

The prices on the website are shown in US dollars.

Delivery

Our intent is to ship/deliver worldwide, but legal and practical limitations may hinder us from doing so. This issue will normally be sorted out in the Customer Registration Process. Changing circumstances may also alter our ability to deliver/ship to certain regions.

Delivery Terms

Packages will be delivered to the shipping address specified in the order, and will only be delivered to the specified address. The package must be signed for upon receipt.

You will find the tracking number in your Account Profile, Order History section. It is your responsibility to follow your shipment and be available to receive it.

Please note that the risk of loss or damage to the package passes to you after your package is picked up by the shipping service. If the package appears to be damaged when you receive it, you should refuse to accept it. If you wish to report  any lack of conformity, you are required to contact our Sales Office at sales@greenlandruby.gl within 5 days of receiving your package. Please read more under “Non-Contractual Delivery”.

Separate Orders/Deliveries

If your order consists of multiple gems, we reserve the right to wait until all items are in stock before we ship your package. If you wish to receive your gems sooner in separate deliveries, additional shipping charges will be applied. For more information, please contact our Sales Office at sales@greenlandruby.gl

Non-Contractual Delivery

If your gems are non-conforming or we have delivered the incorrect package, please contact our Sales Office at sales@greenlandruby.gl. If you notice the non-conformity or incorrect package/gems at the time of delivery, you should refuse the package.

In case of non-conforming package , you can choose to:

1.  Return the package and receive a refund of the purchase price and all delivery costs when our Sales Office has processed the returned items.

2.  Return the package and receive similar items when our Sales Office has processed the return, provided we can supply an equivalent.

3.  Keep the package/ gems.

When contacting our Sales Office you will be asked to provide the order number, the gem/item number, and describe what is wrong with the order etc.

You are not responsible for costs associated with the return of non-conforming gems or incorrect packages. We will refund the purchase price and the shipping  costs once we have received the items back. Funds will always be returned to the account it was received from.

Returns

If you wish to return the gem(s) you have purchased you have 14 business days after the package was delivered to your address. To submit a return go on your “My Account” profile under “Return” and select the products you’re looking to return.

After the 14 working days you won’t be able to make a return. If you have any questions please contact our Sales Office at sales@greenlandruby.gl.

Force Majeure (Unforeseeable Circumstances)

We are not responsible for delays or failure to meet our obligations in relation to the Terms, if the delay or the non-compliance is due to events beyond our control.

The Completeness of the Contract

These Terms and Conditions constitute the complete terms of the contract between us.

This site is provided on an “As is, as available” basis. To the fullest extent permitted by applicable law, no warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this website, or any information, content, materials or products (including software) therein. Under no circumstances, including negligence, shall Greenland Ruby (including its officers, directors, employees, suppliers or programmers) be liable for any direct, indirect, incidental, special, punitive, or consequential damages (collectively, “damages”) that result from the use or inability to use this website or any product or services available thereon, not shall Greenland Ruby be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Greenland Ruby’s reasonable control. Including but not limited to acts of god, communications line failure, theft, destruction or unauthorized access to the site’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will Greenland Ruby or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the website, even if Greenland Ruby has been advised of the possibility of such damages. You download all materials at your own risk. Some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages; as a result, the above limitations or exclusions may not apply to you in a whole or in part.

Any products and/or services described on the website are offered in jurisdictions where they may be legally offered for sale. The information on the website is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

Invalidity

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by the assignment. We will notify you of such possible assignment. By accepting these conditions, you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.

Privacy Policy

We treat your personal data with confidentiality. Please read our Privacy Policy that explains how we use the personal data that you provide in connection with the account opening and ordering procedure, and your use of the website in general.

Miscellaneous

In case you wish to report on gems purchased from us, please contact our Sales Office at sales@greenlandruby.gl. We reserve the right for typo errors, items that are sold out and ‘force majeure’, hereunder epidemics or pandemics and including delivery failures from our suppliers. Furthermore, we are unable to guarantee that the website is always 100% up to date. We may change the contents of the website at any time.

As accurate as we attempt to be, Greenland Ruby is unable to guarantee that colors and qualities are reproduced 100% correctly on the website. Reproduction depends on the computer’s color settings and the screen being used.

Furthermore, natural products like precious gems will vary in color and sparkle. Therefore, minor discrepancies in cut, color and sparkle are not considered to be a defect.

We always try to provide accurate and comprehensive information on the website. However, errors may still occur. If you have mistakenly been charged an incorrect amount, you have the possibility to place a new order with the correct price stated, or cancel the purchase. However, we reserve the right to cancel the purchase before sending your item if we find that the purchase is based on incorrect information, including incorrect pricing. In such a case, you will be notified by email. If we are unable to contact you, your order will be automatically cancelled.

If you breach any provision of these Terms or our Privacy Policy, you may no longer use the website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the website is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and anything relating to or arising from such use. If you are dissatisfied with the website or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the website.

The Greenland Ruby Content, Representations, and Limitations of

Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.

Choice of Law and Jurisdiction

Any contracts concluded between us using these Terms and Conditions are governed by Greenlandic Law. Any dispute which may arise in connection with our contract, including its existence or validity, must be brought before the Court of Greenland. (Greenlandic: Kalaallit Nunaanni Eqqartuussivik)