Terms of Service / Terms & Conditions
Welcome to Omary Gem’s. By accessing or using our website and purchasing from our store, you agree to be bound by the following Terms and Conditions. Please read them carefully before placing any order.
If you do not agree with these Terms, you should not use this website or purchase our products.
1. About Omary Gem’s
Omary Gem’s is a gem and jewelry business specializing in natural gemstones (including rubies, emeralds, sapphires and other stones) and lab‑grown diamonds. We operate primarily from Montreal, with operations connected to our hubs in Bangkok and Hong Kong.
References to “we”, “us”, and “our” in these Terms refer to Omary Gem’s.
2. Eligibility to purchase
By placing an order on our website, you confirm that:
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You are at least the age of majority in your jurisdiction, and
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You are providing accurate, current, and complete information.
We reserve the right to refuse service, cancel orders, or limit quantities at our sole discretion.
3. Product information and descriptions
We aim to describe and photograph our gemstones and diamonds as accurately as possible. However:
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Colors may vary slightly due to screen settings and lighting.
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Measurements, carat weights, and other specifications are approximate and may have minor tolerances.
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Natural gemstones may include inclusions and variations that are part of their character.
We do not guarantee that all information on the website is error‑free, and we reserve the right to correct errors, inaccuracies, or omissions without prior notice.
4. Pricing and currency
All prices on our website are displayed in [insert currency]. Prices may change at any time without notice.
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The price you pay will be the price displayed at checkout at the time of your order.
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Taxes, duties, and shipping fees (if any) will be shown before you confirm payment.
We reserve the right to cancel or refuse any order placed with incorrect pricing due to technical or human error, even after the order has been submitted.
5. Orders and acceptance
Once you place an order, you will receive an order confirmation email. This confirmation acknowledges that we have received your order; it does not mean your order has been accepted yet.
Your order is accepted when we send a shipping confirmation email. We may cancel or refuse orders for reasons including, but not limited to: product availability, suspected fraud, incorrect pricing or information, or inability to verify payment.
6. Payment
We accept the payment methods displayed at checkout (such as credit/debit cards, payment gateways, etc.).
By providing payment information, you represent that you are authorized to use the chosen payment method and that the information you provide is accurate. We reserve the right to refuse or cancel any order if payment is not authorized, declined, or suspected of fraud.
7. Shipping and delivery
Shipping options, costs, and estimated delivery times are shown at checkout.
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We are not responsible for delays caused by carriers, customs, or events outside our control.
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Risk of loss passes to you once the order has been handed to the carrier.
Additional details are provided in our Shipping Policy, which forms part of these Terms.
8. Customs, duties, and taxes
International orders may be subject to customs duties, import taxes, and other fees imposed by the destination country.
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These charges are your responsibility and are not included in the product price or shipping cost unless explicitly stated.
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We are not responsible for delays caused by customs processes.
9. Returns, refunds, and exchanges
Due to the nature and value of our products, returns and exchanges are subject to specific conditions.
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Items must generally be returned in original, unused condition and within the timeframe stated in our Returns & Refund Policy.
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Certain items may be final sale and not eligible for return.
Please refer to our separate Returns & Refund Policy for full details. That policy is incorporated into these Terms by reference.
10. Certificates and documentation
Some gemstones and diamonds may come with third‑party certification (e.g., GIA, GRS, or equivalent).
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If a certificate is included, it will be mentioned on the product page.
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Replacement of lost certificates may incur additional costs or may not be possible, depending on the issuing laboratory.
11. No professional advice
Information on our website, including guides, FAQs, and product descriptions, is provided for general information only. It does not constitute financial, investment, or professional gemological advice.
You should not rely solely on this information to make major financial or investment decisions and are encouraged to seek independent professional advice where appropriate.
12. Intellectual property
All content on this website—including text, images, logos, graphics, and layout—is owned by or licensed to Omary Gem’s and is protected by applicable intellectual property laws.
You may not copy, reproduce, modify, distribute, or use our content for any commercial purpose without our prior written consent.
13. Prohibited uses
You agree not to use our website or services for any unlawful or unauthorized purpose, including but not limited to:
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Violating any local, national, or international laws or regulations.
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Attempting to gain unauthorized access to our systems or interfere with website security.
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Using our content or products for fraudulent, misleading, or harmful activity.
We reserve the right to terminate your access if we believe you are violating these Terms.
14. Limitation of liability
To the fullest extent permitted by law:
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Omary Gem’s is not liable for any indirect, incidental, special, or consequential damages arising out of your use of the website or purchase of our products.
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Our total liability for any claim related to your purchase will not exceed the amount you paid for the specific product in question.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
15. Warranties and disclaimers
Except as expressly stated, our products and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non‑infringement.
Natural gemstones and diamonds may show inclusions, color variations, and characteristics that are normal for their type and do not constitute defects.
16. Third‑party links
Our website may contain links to third‑party websites or services that are not owned or controlled by Omary Gem’s.
We are not responsible for the content, policies, or practices of any third‑party sites and you access them at your own risk.
17. Changes to these Terms
We may update or modify these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page.
Your continued use of the website and our services after changes have been posted means you accept the updated Terms.
18. Governing law and jurisdiction
These Terms and any disputes arising out of or related to them will be governed by the laws of [insert your province/state and country], without regard to conflict of law principles.
Any disputes will be subject to the exclusive jurisdiction of the courts in [insert city/region].
19. Contact information
If you have any questions about these Terms and Conditions, you can contact us at:
Omary Gem’s
6830 Av. du Parc #355, Montreal, Quebec H3N 1W7, Canada
438-459-9999
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