By purchasing, accepting or using the Royal Gem Gift Card in physical or digital form ("Gift Card") and in consideration of your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Terms and Conditions") and the terms and conditions contained in the royalgemjewelry.com (the "Royal Gem Website"). In these Terms and Conditions, "you" and "your" means the cardholder who has purchased or received a Gift Card. "We" or "our" means Royal Gem, as applicable.
These Gift Card Terms and Conditions may be amended from time to time. Thus, please check and read the Royal Gem Gift Card Terms and Conditions to ensure that you understand the terms and conditions that shall apply in your purchase of Royal Gem’s Gift Cards.1. Gift Card Purchases
- You may purchase both physical Gift Cards and eGift Cards online through Royal Gem’s website royalgemjewelry.com.
- After you place an online order for a Royal Gem Gift Card, you will receive an Order Confirmation Email acknowledging that we have received your order.
- You may pay your ordered Gift Card through Royal Gem’s website available mode of payment.
- Royal Gem will process your ordered Gift Card within two (2) business days from payment confirmation date. You will receive an email once your order is dispatched or available in your selected pick-up location.
- If we are unable to fulfill your order, for example, because physical Gift Cards are out of stock or because we cannot meet your delivery deadline, or for any other reason, we will not accept your order and will let you know by sending you an email to this effect. If you have already paid for your order, we will refund your payment for the Gift Card in full (including any delivery charges). We will process any refund due to you as soon as possible but in any case, within fourteen (14) calendar days from our email notification.
- Physical Gift Cards shall be delivered in accordance with the delivery terms set out in the Royal Gem’s Website.
- For eGift Cards, if a Royal Gem account is used during check-out, the recipient email of your ordered eGift Card shall be the registered email under your Royal Gem account. However, for guests or customers without an existing Royal Gem account, the recipient email for ordered eGift Card shall be based on the email address provided in the contact information during check-out. The recipient email will receive the eGift Card within two (2) business days from payment confirmation date.
- You are solely responsible for the accuracy of the information you provided when you place your order and Royal Gem shall be free from and have no liability to you or to the intended recipient in the event that your order is delivered to an incorrect address unless the error arises directly from our gross negligence or our breach of Royal Gem’s Gift Card Terms and Conditions or the Royal Gem’s Website Terms and Conditions.
- Royal Gem has no liability to you or to the intended recipient for the late or non- delivery of any eGift Card where the late or non-delivery of the eGift Card is caused by or arises from an interruption to or failure of your computer equipment (or any other electronic device), your internet connection or your ability to receive emails.
- Royal Gem Gift Cards can be used as payment for purchases of Royal Gem merchandise. If a purchase exceeds the Gift Card balance, the remaining amount must be paid in any mode of payment acceptable by Royal Gem’s Website or applicable Royal Gem branch.
- Royal Gem Gift Cards cannot be used to purchase another Gift Card.
- Purchases are deducted from the Royal Gem Gift Card balance.
- Royal Gem Gift Cards cannot be exchanged for cash.
- No fees or charges apply to Royal Gem Gift Cards.
- Royal Gem Customer Service may provide Royal Gem Gift Card purchasers with information about their Gift Card Balance.
- Royal Gem Gift Card is not valid or cannot be used in conjunction with any special promotion and points cannot be availed or redeemed while using the Gift Card.
- Royal Gem reserves the right to require additional verification of the Gift Card during check-out before you are able to apply a Royal Gem Gift Card Balance to a purchase.
A. Royal Gem Physical Gift Card
- Royal Gem Physical Gift Cards may be redeemed towards the purchase of jewelry products at www.royalgemjewelry.com and selected Royal Gem branches (Royal Gem Colon, Royal Gem Mandaue, Royal Gem Ayala, Royal Gem Boutique, Royal Gem Bacolod, Royal Gem Legazpi, Royal Gem Pampanga and Royal Gem Alabang).
- For in-store purchases, full face value of the Royal Gem Physical Gift Card shall be consumed in a single transaction. No change will be given for purchases below the face value of Royal Gem Physical Gift Card and the remaining gift card balance can no longer be used for future purchases.
- For online purchases, Royal Gem Physical Gift Card may be used in whole or part for any purchases at Royal Gem’s website. Unused balance will remain on the Gift Card for use in relation to future Royal Gem website purchases.
B. Royal Gem eGift Cards
- Royal Gem eGift Cards can only be redeemed via the purchase of jewelry products exclusive at Royal Gem Website.
- Royal Gem eGift Cards may be used to pay for the whole or any part of any purchases at Royal Gem’s website.
- Any unused balance will remain on the Gift Card which can be used to pay for future Royal Gem website purchases.
- Royal Gem Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash. Except as provided hereunder or as per applicable law, the value or amount in your Gift Cards will not be refunded to you under any circumstance.
- No refund will be provided in cash, at any point of time.
- Unused Gift Card balances cannot be transferred to any cardholder’s account.
- No interest will be payable by Royal Gem on any Gift Card or Gift Card balance.
- Gift cards are only valid in the currency they were issued.
- Royal Gem makes no representation or warranty that www.royalgemjewelry.com will always be accessible without interruption.
- Royal Gem Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Royal Gem’s prior written approval. Such approval shall be conditioned on, among other things, the execution of and compliance with Royal Gem standard Gift Card license agreement.
- Royal Gem reserves the right to change the terms and conditions governing the use of Royal Gem Gift Card from time to time at its absolute and sole discretion.
- Royal Gem is not responsible if a Gift Card is lost, stolen, damaged or destroyed or used without permission, and no replacement will be provided by Royal Gem in these circumstances.
- Royal Gem reserves the right to cancel a Gift Card at any time if obtained illegally including through fraud.
- Royal Gem retains the right to reject any physical Gift Card that has been tampered with or found in any way unacceptable and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases at www.royalgemjewelry.com or any of the Royal Gem’s selected branch.
6. Cancellations and Returns
- No Royal Gem Gift Cards can be replaced or cancelled once payment confirmation is obtained.
- Re-issue of faulty or damaged Gift Card will not be accommodated unless the Gift Card is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Royal Gem.
- Returns of merchandise purchased with Royal Gem Gift Cards will be according to the terms and conditions set at Royal Gem’s website (for online purchases) and the Sales Return Policies at Royal Gem’s selected branches.
7. General Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at Royal Gem’s sole and absolute discretion. If any of these terms and conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
OTHER TERMS AND CONDITIONS
1. DISCLAIMER OF LIABILITY
The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy and completeness. Unless expressly stated to the contrary and to the fullest extent permitted by law, ROYAL GEM and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, or common law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend, and hold harmless www.royalgemjewelry.com, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, resulting from any violation of these Terms and Conditions or any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account and/or your Royal Gem Gift Card.
3. GUARANTEE AND COMPLAINTS MANAGEMENT
3.1. Royal Gem shall perform its obligations under these Terms and Conditions with reasonable skill and care.
3.2. Royal Gem places great value on its Customer satisfaction and feedback. Thus, customer/s may contact Royal Gem during business days by sending us a message through our Contact Us page at royalgemjewelry.com regarding legitimate concerns and/or complaints on Customer Order/s and Royal Gem will attempt to address customer concerns as soon as possible and will contact customer within a reasonable time from Royal Gem’s receipt of any relevant inquiry or complaint. Should the customer not have received any response from Royal Gem within five (5) business days, please don’t hesitate to make further inquiries/follow-up.
4. PERSONAL DATA PROTECTION
5. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
5.1. Royal Gem shall not be liable to customer for any breach, hindrance, or for any failure of performance to make timely delivery of an order attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents; and
(g) Other similar or analogous instances or situations.
5.2. In the instance where the Force Majeure event lasts for more than one (1) week, either the customer or Royal Gem may terminate and cancel the CO by written notice, and without any liability other than to refund the purchase price of the ordered product already paid for, and not delivered.
Royal Gem reserves the right to amend these Terms and Conditions at any time at its sole and absolute discretion. All the amendments to these Terms and Conditions will be posted on this Site. The continued use of the Site will be deemed to constitute as your understanding and acceptance of the amendments to the current or the new Terms and Conditions.
Any notice under these Terms and Condition shall be given in writing through either registered mail, or electronic mail to the relevant party at the address or email address last known or declared by the customer.
Notices given by post shall be deemed to have been served with two (2) Business Days from mailing date to the recipient’s address within the Philippines.
Any notice given by electronic mail shall be deemed to have been served within two (2) Business Days from sending of the electronic mail.
In proving such service, it shall be sufficient to prove that the letter or electronic mail was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
6.1. All content included in or made available through royalgemjewelry.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Royal Gem or its content suppliers and is protected by copyright laws and treaties. All such rights are reserved by Royal Gem and its licensors. Customer may store, print and display the content supplied solely for customer’s own personal use. Customer is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to customer or which appears on this Website nor may use any such content in connection with any business or commercial enterprise.
6.2. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of ROYAL GEM in the Philippines and other countries. ROYAL GEM’s trademarks may not be used in connection with any product or service that is not provided by ROYAL GEM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ROYAL GEM. All other trademarks not owned by ROYAL GEM that appear on the Site are the property of their respective owners.
6.3. Customer must not use any part of the content on royalgemjewelry.com for commercial purposes without obtaining a license to do so from us or our licensors. In the event ROYAL GEM becomes aware of any infringement of its Intellectual Property Rights, it shall not refrain from taking any relevant legal action.
6.4. If customer prints, copy, or download any part of royalgemjewelry.com in breach of these Terms and Conditions, customer’s right to use royalgemjewelry.com will cease immediately and customer must, at Royal Gem’s option, return or destroy any copies of the materials the customer have made. Customer shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ROYAL GEM or its licensors.
7. ADVERTISING ON THE SITE
We shall use our reasonable endeavors to comply with any relevant regulations relating to the royalgemjewelry.com published by the applicable laws of the Republic of the Philippines.
8. LINKS TO THE SITE
8.1. Customer may link to our home page, provided that it is done in a way that is legal and is not likely to damage Royal Gem’s reputation or take advantage of it, but customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on Royal Gem’s part where none exists.
8.2. Customer must not establish a link from any site that is not owned by the customer.
8.3. This Site must not be framed on any other Site, nor may the customer or any third person create a link to any part of this Site other than the home page. Royal Gem reserves the right to withdraw the linking permission without notice.
The failure of Royal Gem to enforce at any time or for any period of time any provision/s hereof shall not be construed to be a waiver of such provision/s, or of its rights to thereafter enforce each and every such provision/s, unless expressed in writing and signed by the duly authorized representative of Royal Gem.
In case any one or more of the provisions contained in these Terms and Condition shall be declared invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining valid provisions contained herein shall not in any way be affected or impaired thereby.
You shall not assign, transfer, novate, charge, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between customer and Royal Gem.
13. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
14. GOVERNING LAW
This Agreement shall be governed by the laws of the Philippines. Any action arising from, related or incident to this Agreement shall be filed in the appropriate courts in Mandaue City, Cebu, to the exclusion of any other court, venue or tribunal elsewhere situated.
15. REPRESENTATIONS AND WARRANTIES
Royal Gem represents and warrants that:
(a) It is a registered business, name, and mark of a legal entity duly organized, validly existing and in good standing under the laws of the Philippines;
(b) It has full legal capacity, power and authority to enter into this transaction with its customers and to perform its obligations hereunder, and has taken all necessary action to authorize the execution, delivery and performance of its obligations;
(c) These Terms and Conditions constitute its legal, valid and binding obligation, enforceable against it in accordance with its terms in the courts of the Philippines;
(d) Its execution, delivery and performance of these Terms and Condition will not violate in any respect any provision of (i) any applicable law or regulation or any order or in eve decree of any governmental authority or court in the Philippines; or (ii) its articles of incorporation and by-laws or other constitutive documents; or (iii) any contract, its instrument or other undertaking to which it is a party or which is binding upon or any of its assets; and
(e) All authorizations, approvals, consents, licenses, filings, registrations, notarizations and other requirements of any governmental body, authority, bureau or agency, as well as of any private person or entity, necessary for the execution, delivery, performance, validity, enforceability, or admissibility in evidence of these Terms and Condition have been obtained, and are in full force and effect, and there has been no default in the performance of any material condition or restriction imposed in connection with any of the same.