The definitions in this clause apply in the terms and conditions set out in this document:
Delivery Table: the table defining delivery times, charges and options per delivery country. The Delivery Table may be viewed on our website and is subject to change without notice.
EU: means the European Union.
USA: means the United States of America
Goods: the products that we are selling to you as set out in the order.
Order: your order for the Goods.
Order Period: the period beginning at the time you initially place the order and ending at the next order cut-off time as detailed in our Order Periods Table for the country to which the order will be delivered to.
Order Periods Table: the table defining order cut off times for
Order Period per delivery country. The Order Periods Table may be viewed on our website and is subject to change without notice.
Terms: the terms and conditions set out in this document.
Video Presentation Procedure and Policies: our procedure and policies ruling from time to time regarding conduct and business conducted on our video stream, a copy of which may be found on our website or obtained from us upon request.
we, us and/or our: Gemporia Limited, details of which are set out in
clause 2.1 below.
writing: or written includes faxes and e-mail.
you and/or your: the person placing the order.
Headings do not affect the interpretation of these terms.
References here to "clause" refer to the relevant numbered clause in these terms and conditions.
we are Gemporia Limited a company registered in England and Wales. Our company registration number is 06365402 and our registered office is at Unit 2D, Eagle Road, Redditch, Worcestershire, B989HF, United Kingdom. Our registered VAT number is GB 920 4427 52.
you can contact us by telephoning our customer services team at 1-855-448-777 or +44 1527 851556 or by writing to us at
[email protected] or Customer Services Gemporia Limited, Unit 2D, Eagle Road, Redditch, Worcestershire, B989HF United Kingdom.
if we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. If you contact us through social media we may reply through the same method where we consider it is appropriate to do so.
these are the terms and conditions on which we supply Goods to you.
please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
any samples, drawings, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe. In particular:-
whenever metal weights or carat weights are quoted, these are the average for all pieces in that design;
where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes;
where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase;
throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones you purchase from us are treated. For more details of typical treatments, please see our website; and
whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.
our acceptance of your order will take place (a) when we email you to accept it, or (b) if you have not provided us with your e-mail address, when we ship your order, at which point a contract will come into existence between you and us. Receipt of an order by our Help Team or via our website, or assignment of an order number to your order does not constitute our acceptance of an order.
if we are unable to accept your order, we will inform you of this either by telephone or in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods, because we are unable to meet a delivery deadline you have specified, or if we do not wish to supply you for any reason whatsoever.
we will assign an order number to your order and tell you what it is when we receive your order, but providing an order number does not constitute our acceptance of your order, which will happen only in accordance with
clause 3.4. It will help us if you can quote the order number whenever you contact us about your order.
any order placed through or as a result of our video output (whether by telephone, internet or any other method) shall be subject to our
Video Presentation Procedure and Policies. we will use the personal information you provide to us in the following manner:
to supply the Goods to you;
to process your payment for the Goods; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give out your personal information to third parties where the law either requires or allows us to do so, where you have provided your consent, to any purchaser of all or part of our business, or in accordance with our privacy policy
for further detail of how we may use your personal information please read our
privacy policy. You agree that use of our website is subject to our
privacy policy and that all information provided by you to us is true and accurate.
We may change the Goods to reflect changes in relevant laws and regulatory requirement, or to implement minor technical adjustments and improvements. These changes will not affect your use of the Goods.
In addition, as we informed you in the description of the Goods on our website, we may make material changes to the Goods or these terms after accepting your order but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Goods paid for but not received.
we warrant that on delivery the Goods shall:
conform with their description (subject to any qualification at
clause 3.3 or
clause 5.1);
be of satisfactory quality;
be fit for any purpose we say the Goods are fit for;
be free from material defects in design, material and workmanship; and
comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
this warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these terms.
this warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
: where we offer engraving on Goods you can have the message of your choice engraved as long as it fits on the item you've selected. The cost of engraving and a maximum character limit are shown below the product description on the product page. Therefore you can check the price and message length without any commitment.
we are unable to process any engraving order or gift card messages using what we may consider to be profanities or inappropriate language. Where possible, we will contact you to seek an alternative engraving/gift message, or you will be able to cancel the order.
where you choose to have engraving, the message that you type during the checkout process is the exact message that will be engraved, so please ensure that what you have typed is correct and does not have any errors. No refunds will be provided for errors by you.
Gemporia are a member of the Valpak Distributor Take Back Scheme (registration number 600175) and make a financial contribution to cover the costs of recycling electrical waste. We ensure our EEE products are marked accordingly with a crossed out wheeled bin symbol and a date mark. For disposal of these items please visit
www.recycle-more.co.uk and type in your postcode to find your nearest recycling point. This is also a good place to get tips on recycling other household items and to find out what else you can do to help the environment. Alternatively, call your local council who will be able to tell you where to find your nearest recycling points.
The waste electrical or electronic equipment (WEEE) directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (Including retailers) must provide a system, which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge.
Unwanted electrical equipment is the UKs fastest growing type of waste. Many electrical items can be recycled saving natural resources and the environment. If you do not recycle electrical equipment it will end up in a landfill where hazardous substances will leak out and cause soil and water contamination - harming wildlife and also human health.
please see our
Delivery Table for delivery times, charges and options.
delivery periods may vary depending on address but we aim to have your delivery completed within the specified times with a guarantee that your Goods will be delivered within 30 days of acceptance of the order.
if our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
we will charge you one delivery charge per order, regardless of the quantity of Goods ordered. If you add to the order within the same Order Period, you will still only be charged once for delivery. Deliveries to multiple addresses will require multiple orders and multiple delivery charges. If you order "Same Day Shipping", where available, you may not add additional items to that order.
If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at 1-855-448-777 or +44 1527 851556 or by writing to us at
[email protected] or Customer Services, Gemporia Limited, Unit 2D, Eagle Road, Redditch, Worcestershire, B989HF, United Kingdom.
if the Goods become faulty within 30 days of receipt, you will be offered the choice of a refund of amounts paid or, if stock is still available of that particular piece, a replacement.
if the Goods become faulty after 30 days but within six months of receipt, we will offer our choice of a refund, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the Goods.
If you wish to exercise your legal rights to reject Goods you must post them back to us by completing the returns form that was sent with the Goods and following the instructions on it, or (if we inform you they are not suitable for posting) allow us to collect them from you.
we are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.
these terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms.
the Goods will be your responsibility from the time of delivery to the delivery address given by you.
ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
the price of the Goods (which includes VAT for orders within the UK) will be the price indicated on the order pages when you placed your order or the final price displayed at the end of a Video Presentation. We take all reasonable care to ensure that the price of the Goods advised to you is correct however please see
clause 10.4 for what happens if we discover an error in the price of the Goods you order.
For orders delivered within the EU, these prices exclude UK VAT, you will be the importer of record, included in the payment you make to us will be an amount equivalent to EU import vat and duty. For orders delivered outside the EU and USA, you may be required to pay import duties and/or taxes when your order reaches your country. These and any other charges for customs clearance are your sole responsibility.
if the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in rate of VAT takes effect.
it is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Good's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Good's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
payment is taken once all the Goods have been picked and are ready to be packed for dispatch. At this point your credit card, debit card or PayPal account will be charged and your order will be dispatched upon a successful payment receipt. Please note that orders placed on cards issued outside the EU and USA may be subject to cross border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer. Please note that for orders placed from the USA, payment will be collected by Gemporia LLC on our behalf. (Gemporia LLC, 16192 Coastal Highway, Lewes, Delaware 19958. Registration Number: 384004005).
On selected products we may offer you the choice to pay in a number of equal instalments at 30 day intervals ("Split Payments"). Split Payments are offered entirely at our discretion. When Split Payments are available you will be informed of the offer and the number of payments alongside the price information on screen or on the relevant web pages. Where an order contains items which are eligible for Split Payments alongside items which are ineligible, the full price of the ineligible items will be collected at the same time as the first instalment for the eligible items. Likewise, the delivery charge for the order will be collected at the same time as the first instalment. You are responsible for paying all instalments and you must inform us if you change your debit/credit card or if your debit/credit card expires or is no longer valid. If a payment is declined then all outstanding sums will become due immediately and we may withdraw the offer for Split Payments on your future purchases. Monetary value discount codes cannot be applied to Split Pay items.
Non-refundable credit is credit that we have applied to your account in relation to any price promise, gesture of goodwill, promotion, competition win, reactivation campaign or other credit referred by us as non-refundable credit. Please note that non-refundable credit is only valid for a period of 12 months from the date that the relevant non-refundable credit was applied to your account, and any unused non-refundable credit will automatically be removed by us after this 12 month period.
these goodwill guarantees do not affect your legal rights in relation to faulty or misdescribed Goods (see
clause 8).
Whenever you buy Goods from us you have the benefit of our "No Quibble" 30 day guarantee, which starts on the day you receive your Goods. If for any reason you are not satisfied with a piece of jewellery, just complete the returns form enclosed with your jewellery and send the item back to us for a full refund of the item price (less any delivery charges and promotional discounts that were applied to your order, in accordance with clause 13.9.). or any items such as cosmetics, supplements or clothing where the tamper seal has been broken.
To take advantage of this guarantee, you must ensure that the Goods are returned to as new, this means that:
you must not remove the identification tag that is attached to the Goods;
with earrings (and any other jewellery for piercings) you must not break the hygiene seal;
you must not have altered the Goods - for example, we cannot accept returns of rings that have been re-sized;
you must return the Goods in all its original packaging and with its original authenticity card;;
you must ensure that the outer packaging is sufficient to protect the Goods in transit.
the tamper seal on all cosmetics, supplements and clothing products must be intact.
If you wish to exercise your legal rights under this no quibble guarantee, you must post them back to us by completing the returns form that was sent with the Goods and following the instructions on it, or (if we inform you they are not suitable for posting) allow us to collect them from you. We are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.
If the Goods are received by us as new in accordance with
clause 12.3, we will process your refund within a maximum of 30 days of receiving your returned Goods into our warehouse located in the United Kingdom.
we do not refund the cost of the original delivery charges or the return delivery charges.
if you are entitled to a refund we will refund you the price you paid for the Goods excluding delivery costs by the method you used for payment.
we will not provide any refund if the Goods do not meet the criteria set out in
clause 13.3 (as new). If we refund you the price paid before we are able to inspect the Goods and later discover that they do not meet the criteria in clause 13.3 (as new), you must pay us the full costs of the Goods and delivery charges, and for any damage to the Goods.
If you return any Goods purchased using a promotional discount or voucher code, the value of the promotional discount or coupon discount will be subtracted on a pro-rata basis against the relevant Goods returned from the refund or credit provided to you.
we are fully confident that we will not be beaten on price. If our lowest price guarantee applies (see
clause 13.11. below) we will refund the difference on Goods found cheaper elsewhere and give you a $20.00 (or your local currency equivalent) credit on your account with us.
we will require the following from you:
proof that the piece is on sale through a major retailer;
the piece is on offer at a regular price (not in a sale); and
the piece must have the same specification as ours or better, as determined by us in our sole and absolute discretion.
if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective Goods under the Consumer Protection Act 1987.
we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You agree to defend, indemnify and hold harmless each of us, our affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisers' fees, arising out of or relating to your breach of these terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from our negligence or wilful misconduct. This indemnity shall continue to endure notwithstanding prior fulfilment of the order or other termination thereof.
we may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
We will pay the reasonable costs of return if the Goods are faulty or misdescribed. However, in all other circumstances you must pay the costs of return. If you claim the Goods are faulty or as misdescribed but on inspection they are not, we reserve the right to charge you for the cost of delivery and return.
this contract is between you and us. No other person shall have any rights to enforce any of its terms.
each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
if we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not follow up with you but we continue to provide the Goods, we can still require you to make the payment at a later date.
these terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.
Online Video Streaming Presentation Procedures & Policies
Any presentation of products on and from the online video streaming programs conducted through our sites or downloadable apps by Gemporia Limited whose office is at Unit 2D, Eagle Road, Redditch, B989HF, United Kingdom and its affiliates ("we", "us" and/or "our") is subject to these procedures and policies.
About Video Presentations
On our websites and through our downloadable apps, we run a series of product presentations conducted through live video feeds (each, a "Video Presentation"). Video Presentations may differ in format, but will generally feature a price and a quantity of available items that will decline during the period of the Video Presentation.
Item Quantity
From Video Presentation to Video Presentation, the number of featured items that are available to be purchased at the final price will vary. At some point during the Video Presentation, we may show on the screen the number of items we have remaining in that particular Video Presentation (the "Presentation quantity remaining"). This is an indication of how many more of that item we intend to sell in that Video Presentation. It is not necessarily representative of the total number of items we may have in stock in our vault (the "vault quantity") at any given time (that is, we may have more of the item available than the number indicated as "Left In This Auction"). There is no obligation on us to sell the entire Presentation quantity remaining; likewise we may sell more than this quantity where there is greater demand than we anticipated and there is sufficient un-allocated stock in our vault.
Starting Price
Keep in mind that the starting price in any Video Presentation is merely the price that we have selected to initiate the Video Presentation. The price you actually pay will the final price shown at the termination of the Video Presentation. Prices quoted are subject to our terms and conditions of sale available at
www.gemporia.com
Descending Prices
Once a particular Video Presentation begins, the price for the featured item may start to fall and may periodically be reduced until we, in our absolute discretion, decide to move on to the next item. We can move on to the next item before all, or any, of the Video Presentation quantity has been allocated to customers. When we move on to the next item, the previous Video Presentation may remain open until it is terminated (see below) and customers can continue to purchase the item at the final price if sufficient quantity is still available to be allocated.
Placing Your Order
If you see an item that you would like to purchase, you may place your order when it reaches the price you are willing to pay. You can do this through the "My Account" facility on this website, through any of our apps or by calling our Help Team on 1 800 500 6010. By placing your order you agree that you are able to and intend to purchase the item(s) you order at the final price (which may or may not be lower than the price at the time of your order). Please note that no order is binding until accepted by us.
Allocation of items
Following your order, an item will be allocated to you either when you have checked out your order, or when you have successfully placed an order with our Help Team for the item. Once an item has been allocated to you, you will have reserved the item for purchase and you will have agreed to purchase the item - subject to our cancellation and return policies in our main terms and conditions. If you choose not to check the item out immediately, then you may lose it to other purchasers if we have more demand for the item than the vault quantity. As long as we have sufficient quantity, the item will remain in your basket at the final price for up to 12 months after which it will no longer be available for sale.
Reducing the Video Presentation quantity
While a Video Presentation is being displayed, our producer will use reasonable efforts to ensure that the remaining Video Presentation quantity reflects how many more items exist for viewers to order for one of the remaining quantity. In doing so, they will use all the information that they have on hand including the current and historical order activity on our website and telephone lines. For various reasons, the Video Presentation quantity remaining presented on screen will not always be the exact quantity actually remaining and should be treated as an indication, not a firm number. For example, callers may hang up before speaking to our Help Team, or may purchase multiple quantities. Our producers are trained to use their experience to make the on-screen quantity as accurate as reasonably possible, but by participating in Video Presentations you accept that the numbers on screen are estimations in the producer's discretion and may not reflect the exact numbers available for order.
Termination of Video Presentation
Video Presentations usually terminate at the earlier of one hour from when the graphics are removed from the screen at the end of the main presentation of the item, or when we have allocated the vault quantity to customers. We may, at our discretion, display an item on our website after termination of the main presentation if there is still some of the Video Presentation quantity available; this does not extend the length of the Video Presentation and it will still terminate in accordance with this paragraph. Video Presentations that have not yet terminated may also be displayed on our website. Where we are running showcase Video Presentations that start simultaneously, these will also terminate simultaneously at the end of the showcase. Starting a showcase will also terminate any other Video Presentations that were still running at that time.
Final price
The final price is the last (and lowest) price that we display prior to removing the on-screen graphics in the main presentation of a Video Presentation. Regardless of the price at the time of your order, you will pay the same final low price (plus any applicable taxes and shipping charges) as all the other purchasers if you successfully have an item allocated to you.
Late orders
Where a telephone call or website order is received after a Video Presentation has terminated, the customer will not be entitled to purchase the item at the final price. However, if any allocated items are cancelled by customers, we reserve the right to (but do not obligate ourselves to) contact customers who were turned away after the termination of the Video Presentation in order to offer them the product at the final selling price.
Good Faith Participation in Video Presentations
The success of the Video Presentations depends on the good faith of the participants. We try to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the Video Presentations. While we do have a "no questions asked" 30-day return policy all participants in Video Presentations must place their bids in good faith with the intention of purchasing the item at the final price, which may be the price at the time you ordered or at a lower price if the price continues to fall before the Video Presentation ends.
Life-time lowest price guarantee
If you subsequently see the exact same piece of jewellery for sale at a lower price in a TV Presentation on the same TV channel as it was shown on before and notify us within two hours of the subsequent live presentation, we will happily credit your customer account with the difference between the price you paid and the later price. This guarantee is for items purchased in a TV Presentation only and does not apply where the subsequent sale is part of a clearance, on a daily deals page or where it is the sale of seconds or ex-demo items.
Privacy Notice
Please read the Gemporia Privacy Notice carefully to understand how we use your personal data. The Gemporia Privacy Notice defines the basis for processing any personal data you provide to us, or we collect from you when you use our website or make an enquiry with us.
ICO Registration Number: Z1078359 - Gemporia Ltd., Unit 2d Eagle Road, Moons Moat, North Industrial Estate, Redditch, Worcestershire, B98 9HF.
This website is operated and managed by Gemporia Ltd. This Privacy Policy explains how we use and protect your personal information. You express your consent to this Privacy Policy by using our Site. If you have any questions about this Privacy Policy or the Site, please contact us.
Gemporia is the registered controller for the purpose of the Data Protection Act and the GDPR. This website privacy notice describes how the controller protects and makes use of the information you give to us when you use this website.
This policy is updated from time to time. The latest version is published on this page.
When you provide personal information to us it will only be used in the ways described in this privacy policy.
This Privacy Policy describes how we handle your personal information for our services available through this website (the "Site") and mobile applications (the "Apps"). By using this Site, Apps, or by registering as a member, you accept the terms of this Privacy Policy, and in doing so, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.
Introduction
You can browse the Site or Apps without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United Kingdom. Where sensitive data is stored, it is held in an encrypted form, only readable by programs that are themselves protected by password and by access point. As a Gemporia member or as a visitor to the site we collect information about you, in order to:
- Respond to general enquiries,
- Provide information relating to your account
- Communicate with you about events and promotions
- Register your interests to attend our events
- Keep you updated with changes to related regulations
- Collect information via our website to better understand how visitors use it
- Inviting you to participate in research studies and/or market research activities with your prior consent
Membership information
You can register as a member at no cost or obligation to you. Registering as a member requires you to enter an email address and password ("Membership Information"). When you become a member, we assign you a Member Number and store the date of membership. On the membership form, you may opt out of receiving any newsletters that we may send. If you do not opt out when joining, we will send newsletters to you as they are created. On each newsletter, you will be given the facility to opt out of receiving future newsletters. This information is made available to our Operational and Marketing staff. Note that all of your activities on the Site will be traceable to your Member Number.
What data we gather
To ensure we are able to respond to our members, we will collect the following personal information, please note that this is not an exhaustive list:
- Email address, physical contact information;
- Credit/debit card information;
- Transactional information and bank details based on your activities on the Site or Apps - such as bidding, buying and content you generate or that relates to your account;
- Delivery, billing and other information you provide to purchase or deliver an item;
- Community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us;
- Computer sign-on data, statistics on page views, traffic to and from the Site, and ad data; and
- Other information, including your IP address, Browser, Operating System, Domain Name and Time and other standard web log information.
How we use this data
Below is a list of all the ways that we may use your personal information, and specific reasons we rely on to use this information.
| Use of your personal information |
Reason |
- To manage our relationship with you
- To develop new ways to understand our customers' requirements
- To provide advice or guidance about our products and services
|
- Your consent
- Fulfilling contracts
- Our legitimate interests
|
- To manage how we work with other companies that provide services to us and our customers.
|
- Fulfilling contracts
- Our legitimate interests
|
- To deliver our products and services
- To make and manage customer payments
- To manage credit on customer accounts
- To collect and recover money that is owed to us
|
- Fulfilling contracts
- Our legitimate interests
|
- To exercise our rights set out in our terms and conditions
|
|
Marketing to you
At Gemporia, we want our customers to know about our exciting products, services and offers that we think you would be interested in, which we call 'marketing'.
We can do this by looking at your purchase history and personal information to see which products, services and offers you might be particularly interested in, which is also known as 'profiling' for marketing purposes. You have the right to ask us to stop marketing to you at any time. If you have a preference to receiving marketing through the post or via email, please let us know.
We only market to you if you have given your consent, or if there is a 'legitimate interest'. Marketing to you under legitimate interest will mean that we have established that there is a commercial or business reason to market to you which must be fair to you, so we can't just send you any marketing material.
If you do not want us to collect or process personal data from our websites or mobile apps, you have the right to prevent future processing.
As standard, we will contact you to confirm your choices regarding the use of your personal data in line with changes in the regulation, law, or business changes and we have a specific set of marketing preferences in your Gemporia account that you can update at any time.
Surveys, questionnaires & competition entries
From time to time, we may invite you to take part in Surveys, Questionnaires or a Competition. These will obviously take different forms, but will all involve the capture of answers and other personal information - typically name and email address. Competition entries will be made available to our Operational staff so that winners may be selected. Other information will be made available in summary form to our Operational and Marketing staff. Such information may be made available to business partners, particularly where a third party is organising or sponsoring the event. If this is the case, you will be made aware of the arrangement and in what form your data is to be passed on.
Contact information
When entering into a sales transaction we require, in addition to the Membership
Information, certain contact information. This extends your membership record to
include your Name, Address and Telephone Number.
Delivery information
When goods are to be delivered, we need to have delivery details, so we will require
you to provide a Delivery Name, Address and Telephone Number. This information may also be shared with
any courier company that we may use for the delivery of the goods.
Credit/debit card information
When paying for goods or services via credit card, we require you to enter your credit card number,
expiration date, card type (MasterCard, Visa, etc.), card holder name and card security code.
We only accept payment by major credit and debit cards that can be used for 'cardholder not present' transactions and you agree to allow Gemporia Limited
to retain and use your credit card/debit card details for any subsequent 'cardholder not present' purchases made by you.
This information is entered directly on to a page hosted by our credit card payment processing provider,
a PCI DSS Level 1 certified facility, who store these details in encrypted format and provide us with a 'token'
that we store and use to refer to the card for transactional purposes. They also provide us with the first six and last four digits of the card number,
the card holder name, and the expiration date which we store to assist in identifying which card you wish to use in the future.
We do not store the full credit card number at any time.
Due to our use of the 'token' system, card information does not need to be made available to our Operational staff and it is not possible for any of
our staff to obtain full credit card information.
Order information
When you place an order, we will keep a record of the type(s) of item(s) purchased,
the quantity, pricing information and any delivery cost. For analysis purposes,
we also store the date the order was placed and the date it was shipped. This information
may be made available
in summary, non-specific form to any of our business partners by way of analysis
or the payment of royalties and/or licenses in the supply of such goods. At the
end of placing the order, we may ask you to enter certain simple items of marketing
information to help us develop our business. You may elect to not enter this information.
Use
Our primary purposes in collecting personal information are to allow for payment
by credit or debit card while providing you with a safe, smooth, efficient, and
customised experience. You agree that we may use your personal information to:
- Provide the services and customer support you request;
- Resolve disputes, collect fees, and troubleshoot problems;
- Prevent potentially prohibited or illegal activities, and enforce our Terms and
Conditions of Sale and policies;
- Customise, measure, and improve our services and the Site's content and layout;
- Tell you about targeted marketing, service updates, and promotional offers based
on your communication preferences; and
- Compare information for accuracy, and verify it with third parties
Who We Share Your Personal Information With
Gemporia may need to share your information with other organisations:
- Members of our corporate family to help detect and prevent potentially illegal acts and provide joint services (our corporate affiliates will market only to users who request these services);
- Service providers under contract who help with our business operations, such as fraud investigations, bill collection, order fulfilment, shipping, affiliate and rewards programs and co-branded credit cards;
- Other third parties to whom you explicitly ask us to send your information or about whom you are otherwise explicitly notified and consent to when using a specific service;
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity - in which cases we will disclose name, city, telephone number, email address, User ID history, fraud complaints and bidding history; and If we legally segregate some or all of our business, your information may be transferred with the segregated business.
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.
Controlling information about you
We will never lease, distribute or sell your personal information to third parties unless the law requires us to.
Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Legislation.
Where do we store your data?
Gemporia do not transfer your personal information outside of the EEA. If we are ever required to send your personal information outside of the EEA it would be for the following reasons:
- Comply with a legal duty.
Access to your information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some, or all of your personal information please contact us via the details provided in the 'contact us' section.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
How to Get a Copy of Your Personal Information
You can access the personal information we hold by writing to us at this address:
Gemporia Limited, Unit 2D, Eagle Road, Redditch, B98 9HF or email [email protected].
If You Think Your Personal Data Is Incorrect?
If you think we may have information about you that is incorrect or wrong, you have the right to question and raise this with us. Please contact us if you want to do this, we will take reasonable steps to check its accuracy and correct it.
Your Rights to Stop Us Using Your Personal Information?
We may need to keep your data for legal or official reasons but you can inform us if you think that we shouldn't be using it. You can object to us using your data or to have it deleted and removed if you think there is no reason for us to have it. This is now recognised as the 'right to object', the 'right to erasure' or the 'right to be forgotten'.
We can sometimes limit the use of your data. This will mean that your data will only be used for specific things like legal rights and legal reasons. In this case, we will not use or share your information in additional ways while it is restricted.
You have the right to ask for your personal data to be restricted if you think:
-
It is not correct.
-
It you think it has been used unlawfully, but you do not it deleted.
-
It is no longer relevant, but you want us to keep it for a legal claim.
-
You are waiting for us to confirm if we are allowed to keep on using it but you have already asked us to stop using your data.
If you want us to stop using your personal data for any of the above cases, please contact us.
How You Can Withdraw Your Consent
You have the right to withdraw your consent at any time so please let us know if you wish to withdraw consent. It may not always be possible to provide certain products or services to you if you do but we can confirm this with you.
Formats for Sharing Data
From the 25th of May 2018, you have the right to obtain your personal information from us in a format that can be easily re-used or ask us to pass on your personal information in this format to other organisations.
Retention periods
We will not keep your information for longer than is necessary however there are some situations where some information may be retained for in line with legal and regulatory requirements or guidance.
Cookies
We use "cookies" (small files placed on your hard drive) on certain pages of the
Site to reference information stored on our server, such as member details and any
preferences, in order to improve your browsing experience. Cookies are also used
to track user's behaviour on our Site for analysis purposes, so that we may work
towards offering a better service to our customers. Third party referrals to our
Site, from either their web site, from a dedicated link elsewhere, or from a printed
URL are recorded using a cookie, which enables us to pay any commissions due to
the referrer for your visit to our Site. Cookies are stored in the server logs and
their contents are stored in the Site's database. Browsing behaviour, in anonymous
form, may be made available to our Marketing and Operational staff and may be relayed
to any business party in the interests of improving our services. We do not profile
individual customers using cookies.
A few important things you should know about cookies are that:
- We offer certain features that are only available through the use of cookies;
- We use cookies to help identify you and maintain your signed-in status;
- Most cookies are "session cookies," meaning that they are automatically deleted
from your hard drive at the end of a session;
- You are always free to decline our cookies if your browser permits, although doing
so may interfere with your use of the Site; and
- In the event that we host any third party content on this website, you may encounter
cookies from third parties on certain pages of this website that we do not control.
Controlling cookies
You can use your web browser's cookie settings to determine how our website uses cookies. If you do not want our website to store cookies on your computer or device, you should set your web browser to refuse cookies.
However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you.
Unless you have changed your browser to refuse cookies, our website will issue cookies when you visit it.
Unsubscribe instructions
To unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of any of our marketing emails and you will be opted out of all email communications.
Account Protection
Your password is the key to your account. Use unique numbers, letters, and special
characters and do not disclose your password to anyone. If you do share your password
or your personal information with others, remember that you are responsible for
all actions taken in the name of your account. If you lose control of your password,
you may lose substantial control over your personal information and may be subject
to legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately notify us and change your
password.
Accessing, reviewing and changing your personal information
You can see, review and change most of your personal information by logging into
the Site. Generally, we will not manually modify your personal information because
it is very difficult to verify your identity remotely. You must promptly update
your personal information if it changes or is inaccurate. Should you so wish, and
upon your request, we will close your account and remove your personal information
from view as soon as reasonably possible, based on your account activity and in
accordance with applicable law. We do retain personal information from closed accounts
in order to comply with law, prevent fraud, collect any monies owed, resolve disputes,
troubleshoot problems, assist with any investigations, and take other actions otherwise
permitted by law.
Security
We take the issue of security very seriously. We have established security measures
throughout our Site as a way to protect our information and facilities, and in so
doing we protect your information. Where personal information is entered on and
transmitted to our Site, this is done using Secure Sockets Layer (SSL or https)
encryption technology. All of our operational and administration facilities have
tightly restricted access to protect your privacy. Access to these facilities is
only available over a Virtual Private Network which uses high levels of access restriction
and encryption. In addition to this, sensitive information is stored in an encrypted
form. Our employees are aware of their responsibility to protect your personal information.
While we treat data as an asset that must be protected and use many tools (encryption,
passwords, physical security, etc.) to protect your personal information against
unauthorized access and disclosure, there is a possibility that third parties may
unlawfully intercept or access transmissions or private communications.
Third parties
Except as otherwise expressly included in this Privacy Policy, this document addresses
only the use and disclosure of information we collect from you. We will never sell
personal information or share any personal information with third parties that are
unrelated to us. Data which has been aggregated from information - so that it is
expressed in a broad, non-personal manner - may be relayed to third parties from
time to time in order to better serve our customers.
Linking to other web sites
Our site may contain links to other web sites. Please note that when you click on
one of these links, you are clicking to another web site. We strongly advise you
to read the Privacy Policy of these linked web sites as it may well differ from
our own. Once you leave our website and enter another website, we cannot be responsible
for the privacy or protection of any information you transmit or provide.
Accuracy of our Site
We make every effort to ensure the accuracy of our Site, both in its operation and
its content. If you discover any errors or omissions, please email the details to:
[email protected]
Changes to our Privacy Policy
We reserve the right to change our Privacy Policy from time to time as the business
evolves. Where a revision is made to the policy the revised policy will be posted
to our Site. Such changes to our Privacy Policy automatically shall become effective
immediately upon posting the changes on our website.
Contacting us
If you have any questions about this Privacy Policy or the Site, please contact [email protected], telephone the
Help Team at 0845 6588 663 or write to:
Gemporia
Eagle Road Studios
Eagle Road
Redditch
B98 9HF
How to Make a Complaint
If you are unhappy or unsatisfied with why and how we have used your personal data, you can contact us by sending an e-mail to [email protected] or by writing to us at this address:
Gemporia Limited
Unit 2D
Eagle Road
Redditch
B98 9HF
If you are unhappy with our response, you can contact the office or the Information Commissioner at:
Email: [email protected]
Tel: 0303 123 1113
Website: https://ico.org.uk/global/contact-us/
