Terms of Service

In this Agreement:

“Agreement” has the meaning in clause 1.2;
“Account” means an account created via the Site;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act
2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Customer” means the person or legal entity listed on the purchase invoice or sales document and includes anyone acting on their behalf or with their express or implied authority;
“Delivery Cost” means the costs associated with delivery of Products or Services as specified in an Order;
“Discount Code” means a code that is entered on the Site to receive a discount on a Product(s);
“Guest” means a Customer purchasing Products via the Site without creating an Account;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Order” means an order for Products or Services placed by a Customer on, or via, the Site;
“Password” has the meaning in clause 5.1;
“Promotional Offer” means any marketing or sales initiative undertaken by us including but not limited to a percentage off sales, Product giveaways and monetary discounts;
“Privacy Policy” means our privacy policy available at https://gem-products.co/policies/privacy-policy;
“Products” means the products, goods or items listed or advertised on the Site for sale or otherwise;
“Services” means the services listed or advertised on the Site for sale or otherwise;
“Smile Policy” has the meaning set out in clause 15.1;
“Your Content” has the meaning in clause 16.3;
“you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

You can purchase Products listed or advertised on the Site via your Account or as a Guest.

You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.

Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.

You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

Without limiting the prohibitions and restrictions found elsewhere throughout the Agreement, when you use the Site, you agree not to:

harass, threaten, stalk, disrupt or defraud other Site users or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
solicit others to perform or participate in any unlawful acts;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape;
upload any content that promotes intolerance, racism, illegal behaviour or contains defamatory content; or
act in a deceptive or fraudulent manner by, among other things, impersonating another person or misleading us or any third parties.

We reserve the right to refuse to terminate your access to the Site in our sole discretion if we have evidence to show that you have been engaging in any of the prohibited conduct listed in clause 4.1 or any other breach of this Agreement.

You may opt to create an Account at the time you place an Order. To open an Account you must provide:

your full name;
a valid email address; and
nominate a password (“Password”).

Registration for an Account is free. If you do not provide accurate and complete details, we may not be able to create your Account or supply Products ordered through your Account. You agree to keep your Account and details current at all times by updating these details via your Account on the Site or by contacting us at hello@gem-products.co.

You will receive an email confirming registration with us shorty after you have created your Account via the Site.

You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.

You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.

We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.

The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site.

We are not responsible for any loss or damage that may arise from your access to, and/or use of, third-party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked third-party websites. You should make your own enquiries before using and/or accessing third-party websites.

All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs.

All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.

International Delivery Costs do not include insurance or any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the person who placed the Order.

In accordance with Australian export regulations, we are required to declare the exact value of all items and identify the Order as dutiable “merchandise”. We are also prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.

To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.

Promotional Offers and Discount Codes may be given at our sole discretion on terms and conditions notified at the time of the relevant Promotional Offer or discount.

If a Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the Products. Any associated Delivery Cost will be unaffected by the Discount Code and payable at the ordinary rate.

Promotional Offers and/or Discount Codes are not valid for cash or cash equivalent.

Discount Codes may not be used in conjunction with any other Discount Code and/or Promotional Offer.

Only one Discount Code and/or Promotional Offer may be applied per Order.

We operate across many different countries and currencies. Promotional Offers and/or Discount Codes will not always be available in your country and/or currency.

Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included.

All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.

You may place an Order by completing the Order form on the Site and clicking the "confirm" button. Orders are subject to the availability of Products and/or Services requested in the Order.

An Order is not accepted and legally binding on us until we confirm by email (to the email address nominated at the time of Order or as listed in your Account) that:

payment has been received for the Order;
the Products and/or Services are available; and
the Order has been processed.

To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, unless as otherwise outlined in clause 10.

We operate an online business and we will communicate with Customers or visitors to our Site who make an enquiry primarily via email. It is the Customer’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.

Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).

We reserve the right, at our absolute discretion, to:

refuse to sell or to cancel Orders from Customers that request commercial quantities of Products or Services;
cancel your Order at any time prior to dispatch of the Products or the provision of the Services, to you; or
limit your Order at any time prior to dispatch of the Products to you.

If an Order has been cancelled, refused or cannot be met due to unavailability of Products and/or Services, we may attempt to notify you by contacting you on any of the contact details provided at the time you placed the Order. Funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.

We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.

Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a redelivery fee for each subsequent delivery attempt.

We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.

You can pay for your Order using any of the methods specified on the Site. A surcharge may apply to payments made by credit card depending on the credit card used.

You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.

Payment processing services for Orders and/or Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By placing an Order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.

We will not deliver Products to PO Box addresses or post restante addresses. We reserve the right to refuse shipping to remote or rural locations.

Delivery Costs for Australia are as follows:

(a) $15.00 for standard shipping for Orders under $74.99 AUD; and $10.00 for standard shipping for Orders over $75.
(b) 30.00 AUD for express shipping

Delivery Costs for international deliveries are a flat rate of $60 AUD per Order. Your Product may be subject to import duties, fees and taxes, which are determined once your shipment reaches your country and are payable by You. You may be required to pay additional customs clearance charges. We are not liable for, nor responsible for, such import duties, fees, taxes or charges. In addition, Orders shipped internationally may be subject to customs clearance procedures that can cause delays beyond our control. If you choose to refuse a shipment you are responsible for the original shipping charges (even on purchases that included free shipping) at a cost to duties, fees, taxes and/or customs charges incurred, and the cost of return shipping.

Orders must be paid in full before delivery can be made.

You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced parcels or for delivery of any Order to an unintended recipient as a consequence of incorrect details.

You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:

any and all included insurance cover (if any) will be voided; and
title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.

The nominated courier will deliver the Products on a Business Day.

We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery. Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.

Delivery Costs may be subject to change without notice.

If our products aren’t for you, please contact us at hello@gem-products.co within 10 days of receipt of products and we will issue a full refund (“Smile Policy”).

Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.

To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services purchased by you on, or via, the Site where:

the Products are damaged through misuse, accident or abnormal use; or
outside the timeframe for our Smile Policy, the Australian Consumer Law or any manufacturer’s warranty does not apply.

Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.

If a Product is damaged, incorrect or faulty, you should contact us as soon as possible at hello@gem-products.co to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Products to us or the manufacturer.

Other than in a return in accordance with our Smile Policy, Returned Products must be returned with proof of purchase, be in their original packaging and be in a re-saleable condition. If you are returning Products due to a fault or defect under a Consumer Guarantee, you may return the Products without their original packaging.

It is the Customer’s responsibility to ensure that returned Products are returned safely and within a reasonable period of time. We accept no responsibility for Products lost in transit.

Where you are returning Products to us because of our failure to comply with a Consumer Guarantee, Products returned to us will be at our cost. Refunds may take up to 10 Business Days to be processed.

Customers are permitted to cancel their Order at any time prior to the Products being dispatched from our premises.

If you return or seek a refund on any item purchased using a Promotional Offer and/or Discount Code, the value of the Promotional Offer and/or Discount

You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.

You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.

By uploading, posting, transmitting or otherwise making available any content or material via the Site or by email, postal mail or otherwise (“Your Content”), you:

grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and

represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.

We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.

You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.

You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site from any website that is not owned by you.

This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

The information contained on the Site is for information purposes only and does not constitute professional health advice, assessment or treatment. You should not act based on the information on the Site without obtaining professional health advice.

You understand that there are certain inherent risks and dangers in using dental products. By using the Products, you acknowledge and agree on behalf of yourself, your heirs and/or personal representatives that you are aware of these risks which include, but are not limited to, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated, and you specifically assume the risk of injury or harm.

You acknowledge that it is your responsibility to consult with your dentist or other health care provider prior to using any Products, and to determine if using any such Products is appropriate for you.

You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.

To the maximum extent permitted by law, we exclude all:

conditions, guarantees or warranties expressed or implied by law; and

any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),

arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.

Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $100. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a)transmissions over various networks; and
(b)changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

This Agreement is governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.