THE FOLLOWING DESCRIBES THE TERMS ON WHICH CUSHION GEM OFFERS YOU ACCESS TO OUR SERVICES.
This Agreement describes the terms and conditions applicable to your use of our services at Cushion Gem. We may amend this Agreement at any time by posting the amended terms on our site. If you wish to receive an email update for each amendment to this Agreement please send an email to firstname.lastname@example.org. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Cushion Gem. This agreement was last revised on 10/11/2016.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
Fees and Services
Our Fees and Credits Policy is available in this document and is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on our site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events are effective when we post the temporary promotional event on our site. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
You release Cushion Gem (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with customer dissatisfaction of service or merchandise. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Listings include text descriptions, graphics and pictures that describe item for sale.
Fraud Without limiting any other remedies, Cushion Gem may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
Buyers or Sellers may not manipulate the price of any item nor interfere with other user's purchases or sales in connection with our site. This fraudulent activity includes but is not limited to the use of our Transaction process to block others from purchasing an item or a number of items when you have no intention of really purchasing at all.
"Your Information" is defined as any information you provide to us or other users in the registration, or through any email feature. Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (c) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Cushion Gem. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of Cushion Gem.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate and/or refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
We maintain a strict policy of privacy and do not transfer or disclose any information to any third party unless such party is essential in completing your transaction. We will not disclose any information to any third party without your consent.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase, solicitation of offers to purchase, and sale of items.
You and Cushion Gem are independent parties, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Cushion Gem 10 West 46th Street New York NY 10036 or to the email address you provide to Cushion Gem, Inc. during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Cushion Gem, Inc.during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City NY and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Cushion Gem may seek any interim or preliminary relief from a court of competent jurisdiction in New York City New York necessary to protect the rights or property of you or Cushion Gem pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York and New York residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by Cushion Gem located at 10 West 46th Street New York NY 10036. Fees for our services are described at the bottom of this document.
CherryScore™ and the embedded and expressed technologies therein are the proprietary intellectual property of Cushion Gem. Any use thereof without the express written authorization of Cushion Gem is strictly prohibited and will be prosecuted to the maximum extent of the law. Cherry Picked.com, CherryScoring™ and CherryScore™ are trademarks of Cushion Gem. Copyright 1999 by Cushion Gem. All rights reserved.
Fees and Credit Policy
If for any reason you decide not to keep your merchandise, you can return it to us within 7 (Seven) days of delivery for a full refund of the purchase price (shipping, insurance, lab certification charges and any customs or special handling charges are not refundable.)
We require you to communicate with Cushion Gem representatives with the reason you are returning the item. Clear instructions are sent in an email detailing the return process in full. You must also contact Cushion Gem by calling a number found in our Return instructions email in order to receive a return authorization code from our office before making your shipment back to this office - packages that do NOT have a proper authorization code will not be delivered to this office.
Items must be returned in the same condition as they were sent. We can only process your request after the expert in charge of the category for your item inspects the returned item and verifies that it's condition is undamaged. Damaged goods due to client negligence will not be accepted. All merchandise being sent from our office and all merchandise returning to our office is videotaped upon packing and unpacking. Any returned item must be undamaged and unused. For gem & jewelry purchases, the packing must still be used for the item for a refund to be processed.
With gemstones in particular, any wear is likely to result in minute damage that can dramatically affect the value of the gemstone. For this reason, we cannot accept any gemstone in return that has been mounted, polished, chipped, fractured, dropped or altered in any way whatsoever. We strongly recommend that you do not mount your gemstone until after the 5 business day inspection period as to avoid any mishaps and that it be kept in an insured, safe place while in your possession. During the inspection period, you are completely liable for the item, so we ask that you pay careful attention to the "Care & Handling" instructions that accompany each item shipped. All returned items must be in the original box, with all original packing materials and original lab certificates intact.
Returns will take no more than one week to process once we have the item back in our office. We will notify you by email of your refund once we have received and processed the item.
Please do not write any words on the package that in any way allude to the contents of the package such as gems, sapphire, diamonds, Cushion Gem, in order to deter potential theft of an item while in transit.
Please make sure that the return address you will find on our return email is the only address showing on your package.