Website Terms of Use

 

These Terms and Conditions of Use (“Terms of Use”) apply to the Royal Gem website located at www.royalgemjewelry.com, all associated sites linked to www.royalgemjewelry.com by Royal Gem, its subsidiaries, and affiliates (the “Site”). The Site is the property of Royal Gem and its licensors. By using the services, including placing orders on the Site, you agree to these Terms of Use.

Royal Gem reserves the right, at its sole discretion, to modify, update, or remove portions of these Terms at any time. It is your responsibility to review them periodically. Continued use of the Site after changes have been posted signifies your acceptance of those changes. Subject to your compliance with these Terms of Use, Royal Gem grants you a personal, non-exclusive, non-transferable, and limited right to access and use the Site.

PURCHASING / PLACING AN ORDER

Create a Royal Gem Account

To place an order, customers must proceed to Checkout and create a Royal Gem account (“Account”) on the Site. Items placed in the cart are not reserved and may be purchased by other customers until the Checkout process is completed.

When creating an Account, the customer warrants that all submitted information is accurate and pertains solely to the individual placing the order. The customer must observe the following:

-Account details must be kept confidential and not shared.
-Forgotten passwords may be retrieved via the registered email address.
-Upon registration, customers may sign in to view order status and Account information.
-Transaction details, including order confirmation and updates, will be sent to the registered email.

The processing of a Customer Order (“CO”) will commence once payment is confirmed by our partner third-party payment gateway. Once the order is in fulfillment (i.e., CO is in process), Cancellation is not allowed. An Order Confirmation Email will be sent to the registered email address once the order is placed. 

Royal Gem reserves the right to decline or refuse a Customer Order (“CO”) if any one (1) of the following circumstances occurs:

1. Royal Gem is not able to obtain a Payment Confirmation of the Customer Order (“CO”) within the period required
2. The delivery address is outside the serviceable area of Royal Gem’s partner courier.
3. The item is out of stock at the time of order placement.

All items purchased through the Royal Gem online shop are insured by the Company. The information set out in these Terms of Use of the Site does not constitute a binding offer or agreement to sell. In case the item is out of stock upon the checkout of the customer, Royal Gem reserves the right to cancel such a sale transaction.

Price and Payment

Royal Gem reserves the right to change item prices on the website at any time. All items are billed based on prices of gold and other materials effective at the time of order processing and are subject to availability. In order to purchase the item, the customer shall pay the full amount stated in the Payment Instruction email, inclusive of shipping, handling fees, and taxes, through any of the following Payment options:

Accredited Banks and Payment Center

The Company will only accept the following modes of payment:

(1) PayPal Payment – Payments can be made using your PayPal account. All transactions are subject to verification and the applicable terms and conditions of the service.

(2) Royal Gem Gift Card -Customers may pay for jewelry purchases using a Royal Gem Gift Card. To use it, enter the gift card code in the “Gift Card/Discount Code” field and click “Apply” before placing your order. The balance will only be deducted once the order is confirmed.

Gift cards are valid exclusively for use on our online store and cannot be redeemed in physical stores.

(3) Credit / Debit Card  (VISA, MASTERCARD, AMEX, and JBC)  and E-Wallet (Maya, GCash, and QRPH) Payments - Payments can be made using your card, e-wallet account, or by scanning a QR code at checkout. All transactions are subject to verification and the terms and conditions of the respective payment provider.

All payments are processed through a third-party payment gateway to ensure customer protection. Card information is not stored on the site and is securely handled through SSL encryption. Customers are advised to review the terms and conditions of the selected payment gateway, as it is responsible for all transactions made on its platform.

Order Lead Time

Royal Gem shall only process an order upon receipt of the Payment Confirmation Notification from the third-party payment gateway.

Lead time will depend on the type of item ordered and the selected shipping method, as follows:

1)    For In-stock items: Local door-to-door delivery is ten (10) to fifteen (15) business days from the date of payment confirmation.

2)    For In-stock Store Pick-up: Ten (10) to fifteen (15) business days from the payment confirmation date. There will be no handling fee for regular store pickup schedules.

3)    Rush In-stock Store Pick-up: Three (3) to five (5) business days, and a fee equivalent to fifty percent (50%) of the regular shipping fee applies.

4)    Pre-order items: Forty-five (45) to sixty (60) business days, depending on the availability of the items ordered.

5)    Combination of In-stock and Pre-order items: the maximum lead time varies depending on the availability of the items.

6)    Personalized/Made-to-order Items: Fifteen (15) to twenty (20) business days.

The following lead times apply, depending on the type of item:

Type of Item	Door to Door (Local)	Door to Door (International)
In-stock	10-15 business days	10-15 business days
Personalized	15-20 business days	15-20 business days
Pre-Order	45-60 business days	45-60 business days
Combined Orders	Max Lead Time	Max Lead Time

 

For Door-to-Door delivery (local and international), our partner couriers allow up to two (2) consecutive delivery attempts. If the package is not received for any reason, it will be returned to our warehouse, and you will be charged for the re-shipment of your order.

Delivery and Shipping

Offered shipping methods are the following:

1. Local Door-to-Door Delivery

1.    Delivery and Shipping

1.1.        Upon checking out of orders from the Royal Gem website, the customer will be given an option for shipping methods. Shipping will be made as specified by the customer and customer is solely responsible for all expenses in connection with the delivery of the item(s) ordered.

1.2.        The customer acknowledges that only the following shipping and handling options shall be available for Royal Gem purchases:

2.    Door-to-Door Local and International Delivery

2.1.        Local and international door-to-door delivery may be available in your area under LBC or FedEx as the courier. If you want to check, please click the link for reference: 

https://www.lbcexpress.com/uploads/media/downloadable_file/0001/01/dd59d132bb1da5dffbfab7db72b4d7c62e966019.pdf

https://www.fedex.com/en-us/home.html 

2.2.        The courier shipping fee applies to door-to-door delivery and international delivery. Any such shipping fee will be indicated on the website. However, to the extent that the shipping or handling charge indicated for a particular order is not sufficient to cover the actual shipping and handling cost to fulfill the order, the customer shall be solely responsible for the respective additional shipping and handling cost.

2.3.        Local shipping fee includes 1% valuation charge based on the total purchase amount, plus 12% value-added tax (VAT) on the valuation charge, and the basic shipping rate.

2.4.        International shipping fee shall be based on the basic fare per country of the customer, plus the valuation charge and 12% VAT. Valuation charge is based on the total purchase amount.

2.5.        Royal Gem shall not be responsible for customs charges and any other fees, as the customer shall pay all other international taxes, shipping and handling charges.

2.6.        An Order Status shall be sent via email once an order has been dispatched.
Unless otherwise agreed in writing, delivery shall be made under Royal Gem’s Shipping Policy in effect on the actual Date of Shipment.

2.7.        The number of days of delivery may vary depending on the location of the Customer. Royal Gem cannot guarantee the delivery of the Customer Order on the exact dates provided in the Order Status email, as delivery/shipment is beyond its control.

Thus, Royal Gem will not be held responsible for any failure of performance to make timely delivery of order in the event such failure was due, in whole or in part, to national, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the items or the manufacturing facility for the items, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Royal Gem,which causes delays or hinders the manufacture or delivery of the item/s ordered.

2. Store Pick-up

2.8.        The customer may opt for store pick-up of the item instead of door-to-door delivery upon check-out at the website.

2.9.        Store pick-ups incur a handling fee equal to 50% of the door-to-door shipping fee, which should be paid together with the price of the item(s) ordered.

2.10.     An Order Status email will notify the customer when the order is ready for pick-up at the selected store locations:

            Luzon: Royal Gem, Market! Market!

           Visayas: Royal Gem, Metro Store 

2.11.     Upon pick up of the item(s) ordered, only the customer indicated on the Order Confirmation Receipt shall be allowed to pick up the items ordered. 

2.12.     The customer shall be required to bring a copy of the Order Confirmation Receipt and required ID (i.e., one (1) Primary ID, or two (2) Secondary IDs) shall be presented to claim the order.

2.13.     Only the following shall be considered as valid identification cards:

2.13.1. Primary ID: Government-issued ID

2.13.2. Secondary ID

3.    Free Shipping and Handling Fee for Qualified Purchases

3.1.        Free shipping and handling apply to orders with a minimum purchase amount of Twenty Thousand Pesos (P20,000.00) for local shipments only.  It is applicable for both door-to-door delivery and store pick-up in their corresponding lead time.

3.2.        Royal Gem reserves the right to adjust the minimum purchase amount to qualify for free shipping and handling to be more in line with current gold prices, shipping fees, and other reasonable business factors.

4.    Order Receiving / Pick-up

4.1.        For Door-to-Door Local or International Delivery

4.1.1.    The order should be received by the customer himself or herself. Once delivered, the customer shall immediately check the following in the presence of the courier’s authorized representative before acknowledging proof of delivery (POD):

·         tampered packaging

·         damaged item/s

·         missing item/s

·         wrong item delivered

·         wrong size

·         not as advertised

·         missing jewelry component

 

4.1.2.    If the customer cannot claim the order personally, the customer’s representative shall present an original, duly signed Authorization Letter, the required ID of the customer, and that of the customer’s authorized representative to the courier upon claim.

4.1.3.    For door-to-door delivery, Royal Gem shall allow up to two (2) consecutive delivery attempts; otherwise, the customer’s order/s will be shipped back to Royal Gem’s warehouse and the customer will be charged the Reshipping Fee. Reshipping Fee shall be twice the shipping fee amount. Customer shall receive an invoice through email for payment of the Reshipping Fee. The order shall be reshipped once payment is confirmed.

4.1.4.    Upon receipt of the delivery by the customer or their duly authorized representative, they should immediately note in the proof of delivery/POD (courier’s copy) all comments pertaining to the items delivered. Please keep all packaging, including packaging materials, even if damaged, while we process your return.

4.1.5.    The shipment is deemed delivered and received in good order and condition by the customer in the absence of any comments or complaints in the POD. 

4.1.6.    Royal Gem shall not be held liable in case of any claims of missing item/s or damage after POD has been acknowledged by the customer without specific notations or complaints indicated thereon.

4.1.7.    Approved claims for lost items shall be subject to the Third-Party Couriers’ claim policy. 

4.2.        Store Pick-Up

4.2.1.    Only the customer on the Order Confirmation can pick up the ordered item from the store.

 

4.2.2.    Upon claiming the customer’s ordered item and after inspection of the customer, the customer shall affix his/her signature under the phrase “Received the goods in good order and condition” to confirm receipt.

4.2.3.    If the customer, upon claim, received an item that is not in conformity with what is specified in the customer’s order details, Royal Gem will be held responsible to replace the item based on the customer’s order details.

4.2.4.    No item changes or replacements are allowed after the item is claimed and brought out of the store, since it was already inspected by the customer at the store.

 Exchange / Replacement

Items received via Store Pick-Up are not eligible for exchange or replacement. However, for Door-to-Door deliveries, exchange or replacement requests may be made under the following conditions:

●     Damaged items - Items received with damage (e.g., dents, broken jewelry components).

●     Missing items - Incomplete quantity received based on the customer’s order or what was specified on the website at the time of purchase.

●     Wrong Item delivered - Incorrect item based on what the customer has ordered or what was specified on the website at the time of purchase.

●     Wrong Size - Incorrect size based on what the customer has ordered.

●     Not as Advertised - Item did not match its specification based on the item description.

●     Missing Jewelry Component - Item has a missing jewelry component (e.g., missing pendant).

Exchange/Replacement request for damaged and missing items shall be allowed only if duly noted in the POD (courier’s copy).  The POD (courier’s copy) shall be retrieved from our Partner Courier and validated by Royal Gem prior to approval of the exchange/return request. A maximum of seven (7) working days is required for the POD retrieval process only.  Processing of returns shall commence once the approval and required verification are done by Royal Gem. Processing of returns shall be within thirty (30) business days from the date the return is completely verified by Royal Gem. 

Exchange/Replacement request for: (i) wrong item/size delivered, (ii) item not as advertised, and (iii) missing jewelry component, shall be made within twenty-four (24) hours from the customer’s receipt of the order.

Royal Gem does not accept Cash Refund Requests.

Personalized orders are non-returnable and cannot be exchanged unless the personalized item received by the customer is not in conformity to the customer’s order specifications duly communicated to Royal Gem.

The customer shall be responsible for return shipping costs. If the item is not returned in its original condition, the customer shall be responsible for any loss in value.

How to Create an Exchange / Replacement Request

●     Customer shall contact Customer Service by completing the Customer Service Form to request.

●     Item replacement should be equal to or higher in value than the store credit amount. If the purchase price of the replacement item is lower than the store credit amount, Royal Gem will not refund the price difference or allow the remaining amount to be used for other transactions.

●     If the purchase price of the replacement item is higher, the customer shall pay the price difference, including any additional shipping fee.

●     Once an Exchange/Replacement Request is approved, the customer shall receive instructions on the manner and procedure of exchange through his/her registered email.

●     Royal Gem will only accept returns for purchases made from our official online shop. Jewelry purchased from our stores must be returned to the store from where it was purchased, and is subject to the store’s Return Policy.

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. Unless expressly stated to the contrary and 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.

2. INDEMNITY

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.

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 using the Contact Us Page regarding legitimate concerns and/or complaints on CO/s and Royal Gem will attempt to address customer concerns as soon as possible and will contact customers 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

Please see our Privacy Policy, which forms part of these Terms and Conditions.

5. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

5.1 Royal Gem shall not be liable to the customer for any breach, hindrance, or 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; and

(f) The acts, decrees, legislation, regulations, or restrictions of any government, shipping, postal, or other relevant transport strike, failure, or accidents.

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.

6. NOTICES

Royal Gem reserves the right to amend these Terms and Conditions at any time at its sole and exclusive 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 acceptance of the amendments or the new Terms and Conditions.

Any notice under these Terms and Conditions 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 the 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. The customer may store, print, and display the content supplied solely for the customer’s 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 customer 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 confuse 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 the customer prints, copies, or downloads any part of royalgemjewelry.com in breach of these Terms and Conditions, the customer’s right to use royalgemjewelry.com will cease immediately, and the customer must, at Royal Gem’s option, return or destroy any copies of the materials the customer has 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 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 the 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.

9. NON-WAIVER

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 every such provision/s, unless expressed in writing and signed by the duly authorized representative of Royal Gem.

10. SEVERABILITY

In case any one or more of the provisions contained in these Terms and Conditions 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.

11. ASSIGNMENT

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.

12. RELATIONSHIP

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.

●     Representations and Warranties

Royal Gem represents and warrants that:

(a) It is 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 Agreement and to perform its obligations hereunder, and has taken all necessary action to authorize the execution, delivery, and performance of this Agreement;

(c) These Terms and Conditions constitute its legal, valid, and binding obligation, enforceable against it under 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.