In these Terms & Conditions the following terms shall have the meanings set forth below:
You/Your: the customer who enters a Contract through the Website.
Gemini: the company selling Gemini Official products.
Website: the website www.gemini-official.com
Products: the products Gemini sells through the Website.
Order: the order of Products through the Website.
Terms & Conditions: the terms and conditions of sale.
Order Confirmation: the e-mail sent by Gemini to you with the acceptance of your Order at the moment the Products are dispatched.
Contract: the contract for the purchase of products between you and Gemini.
2. General conditions
These Terms & Conditions apply when you purchase Products through the Website and these Products are delivered. Please read these Terms & Conditions carefully before placing an Order. By confirming that you have read and accepted these Terms & Conditions when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms & Conditions.
These Terms & Conditions, along with the Order and the Order Confirmation constitute the contract between you and Gemini for the supply of Products. A copy of these Terms & Conditions is available on our Website.
If you have any questions about these Terms & Conditions, the Products or your Order, please contact us by e-mail to email@example.com
3. Product info
Gemini makes reasonable efforts to ensure that the information about Products on the Website is completely accurate. However, Gemini does not warrant or guarantee that there are no errors in the description and/or pricing of the Products. None of the material contained on the Website is to be relied upon as a statement or representation in relation to Products.
Gemini makes reasonable efforts to accurately display the properties of Products, including the applicable colours. Because the actual colour you see may depend on your computer system and settings and the Products of Gemini are handmade, Gemini cannot guarantee that the delivered Product completely matches the Product displayed on the Website.
Gemini reserves the right, at any time and without notice, to modify the information about Products (including information on prices, description and availability) displayed on the Website. However, changes to price, availability or description of Products will not affect already submitted and accepted Orders.
The foregoing will not affect your statutory rights relating to wrongly described Products.
4. Placing an Order
By placing an Order on the Website, you confirm that you are legally capable of entering into binding contracts and that the information which you provide when you place an Order is true, accurate, current and complete.
To place an Order, you select the Products on the Website, place the Products in the shopping cart, select your preferred shipping method and pay for the Products. Gemini cannot accept Orders placed in any way other than described above.
By placing an Order you make an offer to us to purchase the Products you have selected. Orders are subject to availability and acceptance by Gemini. Gemini may, at any time and at its sole discretion, refuse to accept your Order, including but not limited to the cases where:
- You provided incorrect information;
- The Website contains an error relating to the Products that you have ordered (for example an error relating to the price or description of the Products);
- The Products that you have ordered are no longer available through the Website;
- Gemini suspects that you are under the age of 18;
Gemini will not be liable to you or any third party for withdrawing any Products from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after it is being handled.
If Gemini cannot accept or process your Order, Gemini will contact you by e-mail as soon as possible. If Gemini cannot accept or process your Order because the Products are no longer available, or because of an error in the price and/or other information about the Products for which the Order has been placed, Gemini will notify you by e-mail. In such case Gemini will cancel the Order of those Products and the amount you have paid for those Products is refunded.
After placing an Order you receive an automated e-mail confirming receipt of your Order. This e-mail contains the relevant details of your Order. This e-mail does not yet constitute an acceptance of the Order. The Order will be accepted and the Contract will be concluded only when Gemini dispatches the Products. At such time you will receive an Order Confirmation informing you that the ordered Products have been dispatched.
Orders can be cancelled by you at any time before being accepted by Gemini. If you wish to cancel your Order please contact us by means of the Contact Form on the Website or by e-mail to firstname.lastname@example.org, quoting the Order number. In case of cancellation, Gemini will refund the cost of the Products included in the cancelled Order.
Gemini will not accept cancellations made in any way other than those listed above. Once your Order has been accepted you may only exercise your right of withdrawal according to the procedure under Clause 9 in these Terms & Conditions.
5. Unavailable Products
Gemini makes reasonable efforts to ensure that the information about Products displayed on the Website are always accurate. However, when you place an Order certain Products may unfortunately be out of stock.
If Gemini is unable to supply you the ordered Products within 14 days from the date of your Order, Gemini will cancel the Order either partially or entirely and refund you the payment for the Products in the cancelled Order.
Your statutory rights relating to the delivery of faulty Products will remain unaffected.
The prices of the Products are indicated on the Website and are confirmed in the automated e-mail you will receive once you have placed your order. All prices are in Euro and inclusive of VAT.
Delivery costs may apply to the Order as indicated on the Website at the time you submit your Order. Delivery costs will depend on the Order, the place of delivery and your required shipping method.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is placed by you. Gemini will not accept your Order or supply the Products to you until your credit or debit card issuer has authorized the payment of the Products ordered. In case the issuer refuses to authorize the payment, Gemini is not liable for any delay or non-delivery of the Products.
Order of Products through the Website can be delivered worldwide.
Delivery will be made by Bpost, Belgium’s national post service. The place of delivery will be the delivery address you provided in the Order.
Gemini makes reasonable efforts to deliver the Products within the delivery time specified on the Website, but Gemini is not able to guarantee this delivery time. Gemini is not liable for any loss or damage suffered by you through any delays in delivery.
Title to and risk of loss of the Products will pass to you on delivery.
Gemini will send the Products to you at the delivery address indicated on your Order Confirmation. However, documents will only be sent by e-mail to the e-mail address which you provided at the time of making the Order.
If you have received the ordered Products and are not satisfied with any of them or have changed your mind about purchasing them after receiving the Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 14 (fourteen) calendar days of delivery of the Products, provided that you return the Products to Gemini according to the procedure indicated in paragraph 10. Please note that while the Products remain in your possession you are under a duty to ensure that the Products are kept safe, secure and in good condition.
Your payment will be refunded as soon as possible and no later than thirty days after receipt by Gemini of the returned Products.
Gemini provides a 12-month on the Products. In case a Product is faulty, you may exercise your right of warranty by notifying us by e-mail and returning the faulty Product to Gemini according to the procedure indicated in paragraph 10. If Gemini establishes that the Product is indeed faulty, the faulty Product will be repaired or replaced.
11. Return & Exchange
Only unworn products can be returned or exchanged with the exception of defective warranty Products in article 10. The shipping cost sent to Gemini are paid by the customer. The shipping cost from Gemini to the customer are paid by Gemini.
In order to return Products, please send an e-mail to email@example.com with the Order number and return the ordered Products to our return address. Please state your details in a short letter attached to the return and include the black cardboard box. Within 10 days of receipt, the amount of the payed Products will be refunded.
In order to exchange Products, please send an e-mail to firstname.lastname@example.org quoting the Order number and return the ordered Products to our address. Please state your details in a short letter attached to the exchanged product. When sending an exchange there is no need to include the black cardboard box. The same procedure applies for the warranty Products in article 10.
The company’s return address is:
Prins Boudewijnlaan 7 D18
2550 Kontich, Belgium
Products purchased through the official Gemini Retailers can only be returned and exchanged in the store where the Products are purchased.
The Products are solely made to wear as a bracelet on one’s wrist and for fashion purposes only. The Products are not made for any other use or purpose whatsoever. The Products contain small bits and pieces which could cause choking hazard and are therefore not suitable for children under the age of four (4). Gemini is not liable for damages resulting from the (improper) use of the Products, which includes but is not limited to damages by physical injury.
Gemini is, except for the case of intent or gross negligence, in no way liable for any damages resulting from inaccuracy and/or incompleteness and/or wrongfulness of the content of the Website, the (incorrect) use of the Website and the providing of inaccurate data.
Damages which are in your opinion due to intent or gross negligence of Gemini, shall be reported to Gemini in writing as soon after the occurrence of the damage as possible. Damages which are not reported to Gemini as soon as possible can not be compensated, unless you can argue convincingly that you were reasonably unable to report the damages sooner.
In case, despite the provisions in this paragraph, at any moment a liability of Gemini arises, this liability is limited to the maximum of the amount of the invoice charged by Gemini.
Every claim to compensation for damages expires one year after the event that has caused the damages.
Nothing in these Terms & Conditions shall affect your statutory rights as a consumer and your rights of warranty.
In the case you have a complaint or other comment to make please contact Gemini by e-mail to email@example.com at the earliest possibility. Gemini will reply to any customer complaints as soon as possible and within a maximum of 3 working days.
14. Processing of personal data
By placing your Order, you agree and understand that Gemini stores, processes and uses the data provided by you while placing the Order on the Website, for the process of the Order.
15. Intellectual property rights
The Gemini trademark as well as all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on its products, accessories or packaging, whether registered or not, are and remain the exclusive property of Gemini and its affiliated companies. It is strictly forbidden to reproduce trademarks referred to, pictures, images and logos, whether complete, partial or modified, without the prior express written permission of Gemini, in any way. Violation of this prohibition can be prosecuted.
16. Circumstances beyond the control of Gemini
Gemini makes reasonable efforts to perform its obligations under these Terms & Conditions. However, Gemini cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond its reasonable control, including, without limitation, natural disaster, explosion, flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of its supplier(s), failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
Gemini will inform you of any such unforeseen event as soon as possible after its occurrence and it will perform its obligations as soon as reasonably possible.
17. Resale of Products
The Products are only distributed through the Website and via the stores of Gemini ’s authorized resellers. You may not misrepresent yourself as being an authorized reseller or as being qualified to resell the Products. Gemini reserves the right to refuse the acceptance of your Order if it suspects that you intend to resell its Products.
18. Concluding provisions
These Terms & Conditions are governed by the laws of Belgium with exclusion of the UN Convention on the International Sales of Products.
In case either party fails to enforce any term of these Terms & Conditions, this does not constitute a waiver of such term or in any way affect the right to later enforce such term.