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Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.gemafric.com (the “Site”). This Site is owned  and operated by AfroGems Global Trades Corporation. This Site is an ecommerce website. 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at  all times. 

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO  RESOLVE DISPUTES. PLEASE READ IT CAREFULLY. 

Intellectual Property

All content published and made available on our Site is the property of AfroGems Global Trades Corporation and the Site’s  creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to  the composition of our Site. 

Age Restrictions

The minimum age to use our Site is 16 years old. By using this Site, users agree that they are over 16 years old. We do not  assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: • Harass or mistreat other users of our Site; 

  • Violate the rights of other users of our Site; 
  • Violate the intellectual property rights of the Site owners or any third party to the Site; 
  • Hack into the account of another user of the Site; 
  • Act in any way that could be considered fraudulent; or 
  • Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to  limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you  from accessing our Site.

User Contributions

Users may post the following information on our Site: 

  • Items for sale; and 
  • Photos.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts

When you create an account on our Site, you agree to the following: 

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and 
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and  Conditions. 

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. 

The following goods are available on our Site: 

  • Accessories; 
  • Beauty & personal care;
  • Clothing & fabrics; 
  • Culture & history books; 
  • Fine art & collectibles; 
  • Food products; 
  • Jewelry; and 
  • Wellness.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate  as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the  accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have  already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility  to monitor your payment instrument to verify receipt of any refund. 

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services  made available by third parties on our Site. 

User Goods and Services

Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on  our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from  selling goods and services on our Site. 

Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel  the subscription. 

To cancel your subscription, please follow these steps: Subscriber is required to initiate cancellation no later than 7 calendar  days prior to the subscription renewal date.

Payments

We accept the following payment methods on our Site: 

  • Credit Card; 
  • PayPal; 
  • Debit; 
  • Applepay; 
  • Visa; 
  • Mastercard; 
  • American Express; 
  • Paypal; 
  • Klarna; 
  • Venmo; 
  • Cash App; and 
  • Aspire.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have  chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment 

instrument. 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods: • Standard delivery by post. Delivery takes 7 – 10 business days.; or 

  • Expedited delivery by post. Delivery takes 5 – 7 business days..

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary  due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays. 

You will be required to pay delivery charges in addition to the price for the goods you purchase. 

If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import  duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact  your local customs office for more information before making a purchase. We are not responsible for the payment of any such  duties or taxes and are not liable for any failure by you to pay them. 

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. 

Refunds

Refunds for Goods 

Refund requests must be made within 7 days after receipt of your goods. 

We accept refund requests for goods sold on our Site for any of the following reasons: 

  • Good is broken; 
  • Good does not match description; or 
  • Good is the wrong size.

Refunds do not apply to the following goods: 

  • Food products; 
  • Opened beauty & personal care products; and 
  • Opened wellness products.

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure: 

Pack your goods and attach the return label that was included in your package. Go to the nearest center of the company used  to ship your product, and pay the necessary postage fees.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will  not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the  mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the  mandatory provisions of the legislation will apply. 

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the  content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the  terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

AfroGems Global Trades Corporation and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable  for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless AfroGems Global Trades Corporation and  our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and  expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

Applicable Law

These Terms and Conditions are governed by the laws of the State of Delaware. 

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and AfroGems Global Trades Corporation are unable  to resolve any dispute through informal discussion, then you and AfroGems Global Trades Corporation agree to submit the  issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator  will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and AfroGems Global  Trades Corporation. The costs of any mediation or arbitration will be shared equally between you and AfroGems Global Trades  Corporation. 

Notwithstanding any other provision in these Terms and Conditions, you and AfroGems Global Trades Corporation agree that  you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual  property infringement. 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under  applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other  provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect  any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of  changes to these Terms and Conditions or post a notice on our Site. 

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows: 

1-801-252-5436 

enitan@gemafric.com 

8 The Green Street, Suite A Dover, DE 19901 

You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of May, 2024