Terms of Service | TWAK Gems

This website is operated by TWAK Gems. Throughout the site, the terms “we”, “us” and “our” refer to TWAK Gems. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Your use of our site constitutes your express agreement to these Terms and our Privacy Policy (https://www.twakgems.eu/privacy-policy). If you do not agree to these Terms or our Privacy Policy, you may not access or use the Site.

Website and online store terms

Minors are not permitted to use the Site. By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state, or province of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Registration and Account Access.

Registration may be required in order to use the Site. Registrants are required to provide certain information such as a valid email address, and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

As a Diamond Registered Company operating in Belgium, we are required to implement a KYC and identity verification processes prior to completing transactions for the purchase of Diamonds.

In other purchases we may also be required to implement our KYC process, where you will be informed accordingly.

Conditions of sale

You are responsible for revising the listing of the item being purchased, reading all the details and certificates, if available, verifying photos, and to pay the purchase including shipping, and any tax or VAT.

You are responsible for paying all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Item purchased.

We only collect VAT for EU Consumers, and it is your obligation to pay, collect, remit and report to the appropriate taxing authority the correct amount of all import taxes, sales taxes, or duties payable upon import of the item.

Shipping delays due to customs processing are outside of our control and may extend the delivery date. Delays at customs are not eligible for any claims or refunds, as they are outside of our control.

For returning items please refer to our returns policy: https://www.twakgems.eu/return-policy

Payment for purchases

Immediately upon order confirmation, you shall pay the full amount (100%) of the total purchase price.

You authorize us and our payment processors to charge your credit card or other payment methods for an amount equal to the total purchase price.

Import/Export restrictions, embargoes, bans, and sanctions

Some items offered for sale on our site may require customs or other permits for import into your country of destination. We do not make any representation, give any warranty or shall have any liability to you in respect of those requirements, or the availability, or issuance of valid import permits.

As the buyer, you are responsible for verifying that you’re allowed to import an item, as well as for the duties and taxes payable when importing the item. You must check if there are any specific rules, bans, etc. applicable to the import of an item into your country.

Furthermore, comprehensive country, entity, and individuals trade restrictions, also called embargoes, might be in place in your name, your company, or the country of destination. Most trade activities, including trade in diamonds or gemstones, are forbidden with those companies, individuals, or territories (including any entities located in them). Any transaction/purchase that falls within this scope will be cancelled.

Accuracy of information

We are not responsible if the information made available on our site is not accurate, complete or current. The material on our site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Our site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Specifically, but not limited, items displayed on our site that are offered for sale are subject to availability. Some items displayed on our site are unique and are also offered by us for sale at our usual business address, and therefore some items may no longer be available. We do our best endeavors to update our stock upon sale but undertake no obligations on a specific update timeframe. (In case of a purchase of an item that is unavailable, the transaction will be cancelled and the payment will be refunded)

Furthermore, we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Gemstones grading and certification
For stones graded by our inhouse gemmologists, you accept that the process of analyzing and grading are subjective, require human skills, and are subject to the interpretation of the findings. Opinions may differ from our results, depending on who, where, or how the gemstone was graded.
We are not responsible for any discrepancy, which may result from the application of other grading or identification methods.

For Gemstones graded by a Independent Gemological Laboratory, we accept their reports as is and do not guarantee their accuracy. Furthermore, we are not responsible for any discrepancy, which may result from the application of other grading or identification methods.

You may revise the T&Cs of the laboratory’s certificates on their own websites or contact us for futher information.

Modifications to the services and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service at any time, without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third party links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Disclaimer of warranties and limitation of liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TWAK Gems, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

You agree to indemnify, defend and hold harmless TWAK GEMS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

If any provision of these Terms are deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms and will not affect the validity and enforceability of the rest of the Terms. Our failure to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to us under these Terms or by law. These Terms represent the entire agreement between you and us and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between you and us. Paragraph headings are for convenience only and not for interpretation of these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Complaints / Disputes and Governing law

We invite you to contact us directly regarding any complaints you may have.

If you are not satisfied with the solution we offer, we are registered with the European Online Dispute Resolution (ODR). The platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools.

https://ec.europa.eu/consumers/odr

For any legal disputes we are subject to the laws of the Kingdom of Belgium, and only the Courts of Antwerp are competent in case of dispute.

Changes to the terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information:

If you have any questions or concerns, you may contact us on william@TWAKGems.EU. Alternately, you may mail us at:

TWAK Gems – Hoveniersstraat 55, Bus 77, 2018, Antwerp, Belgium

These terms are effective as of September 18th, 2023.