Terms & Conditions
By proceeding to place an order with Jems for All Inc. ("us" or "we") through jemsforall.ca and jemsforall.com ("our Website"), you agree to be bound by the terms of this contract (the "Terms"). If you do not agree to be bound by the Terms, do not check the box "I agree with the Terms" and do not proceed with your order. Please retain a copy of the Terms which have been e-mailed to you along with your purchase order.
Orders may only be placed by residents of Canada or the U.S. for shipment to Canada or the U.S.
Last revision: March 2021.
Availability of Products
Products listed on our Website may not be available at the time you make your order. Your order is subject to availability of products.
Acceptance of Orders
Except in Quebec, the descriptions of products on our Website are invitations for you to make an offer to purchase. Once you place an order, we will e-mail you a confirmation number to the e-mail address that you provided for the purpose of us sending notices to you. The confirmation number does not constitute an acceptance of your order. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.
We do not represent or warrant that product descriptions and other information on our Website are accurate, complete, reliable, current or error-free.
If you find that a product you purchase is not as described, your sole remedy is to return it within 30 of receipt by you.
Disclaimers of Warranties
The only express warranties or conditions are provided are those warranties that are described in the description of the goods on this Website.
Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you.
To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.
Returns and Warranty Claims
You may return goods in original condition for a refund within 30 days of delivery. Returned goods must be unopened in their original packaging. In all other cases, all sales are final.
Unless otherwise provided in a manufacturer's warranty or provided in the description of the goods on this Website or unless required by applicable laws, your sole remedy in the event of a warranty claim is to have the product repaired or, at our option, exchanged for a product of equal or greater value.
During the check-out process you will be provided with a list of the goods you are purchasing, their price, and a list of all additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking "confirm", you agree to pay us the amount set out in box labelled "Order Total". The Order Total is set out in your local currency (unless otherwise indicated) and includes shipping and handling fees and applicable. The Order Total will be charged to the credit card you entered when the product is shipped. You may pay using one of the following credit cards: Visa, Mastercard, AMEX, Diner’s Club, Discover, Shop Pay, Apple Pay, Google Pay, Interac and PayPal. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.
We will e-mail you to confirm that your order has been shipped. You are deemed to have received the product 14 days after it has been shipped by us.
The cost of shipping will be provided at the time of check-out. The actual cost of shipping will depend on the size and weight of the total order shipped and the number of items shipped in one package. We will confirm the cost of shipping in the e-mail we send to you at the time your order is shipped. You agree to pay any additional shipping charges, which will be charged to the same credit card that you used to purchase the product.
We use third-party carriers to ship our products to you. We will advise you of the carrier delivering your order in the shipping confirmation e-mail you will receive once your order has shipped. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided. If you wish to purchase shipping insurance, please do so at the time of checkout.
Amendment to the Terms
We reserve the right to amend the Terms at any time without notice to you. The Terms that govern your order will be the Terms posted to our Website on the day and time that you place your order. Each time you place an order you should review and print the Terms.
Limitations of Liability
Certain jurisdictions, such as Québec, do not allow the exclusions of damages. If these laws apply to you, some of the following exclusions of liability may not apply to you.
In no event will we be liable to you for an amount greater than the Order Total, exclusive of taxes and shipping, or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you whether arising in connection with the use of this Website or the products irrespective of whether your claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if we had been advised or had reasons to know of the possibility of such damages.
The Terms are governed by the laws of the province of Ontario without reference to conflict of laws principles, unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.
If any provision or part of a provision of the Terms is determined to be unenforceable by reason of applicable laws, it shall be severed from the rest of the Terms, which will continue to apply.
Entire Agreement and Notices
The Terms, your purchase order and our confirmation of shipping constitute our entire agreement with you.
Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective 14 after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.