Terms of service

1. Overview

This website is operated by GemFynd. Throughout the site, the terms “we”, “us” and “our” refer to GemFynd. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service are effective until terminated by GemFynd, which may occur at any time without notice.

2. General Disclaimer & Information Accuracy

Whilst we strive to ensure that all details, descriptions, and prices on this website are accurate, errors may occur.

Order Fulfilment: We reserve the right to not fill any orders (or part of an order) where the website contains inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Updates: We may change or add to this website, its products, or these Terms without notice. However, we do not undertake to keep the website updated and are not liable for any information that is not current.

3. Specific Warnings & Australian Consumer Law

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia confer rights, guarantees, and remedies on you which cannot be excluded, restricted, or modified.

We do not exclude these mandatory rights but do exclude all other conditions and warranties implied by custom, law, or statute.

Technical Security: We are not liable for any interference or damage to your computer systems in connection with the use of this website. You must take your own precautions to ensure your selection is free of viruses, worms, or trojan horses.

4. Health & Safety Disclaimer

Skincare is a personal journey. GemFynd acts as a curator of authentic Korean and Japanese beauty; we are not the manufacturer.

Allergy Notice: It is your responsibility to check ingredient lists for potential allergens. We recommend a patch test before full application.

Liability: GemFynd is not liable for adverse reactions. If a reaction occurs, discontinue use and consult a medical professional immediately.

5. Limitation of Liability

Under no circumstances (including but not limited to any act or omission on our part) will GemFynd be liable for any indirect, incidental, special, or consequential damages or loss of profits resulting from the use of, or inability to access, this website or its products, except as required by the Australian Consumer Law. We are not liable for any Loss in connection with the use of this website or any linked third-party websites.

6. Personal Use & Quantity Restrictions

Personal Use: All goods purchased from GemFynd are intended for personal, non-commercial use only. Commercialising our products or information without written permission is strictly prohibited.

Quantity Limits: We reserve the right, in our total discretion, to restrict the quantity of goods purchased per person, household, or order. We may reject or cancel any orders deemed to be in violation of these restrictions.

7. Intellectual Property & Brand Protection

Copyright: This website and its content are our copyright property. You may not adapt, reproduce, store, distribute, or display any part of this site for anything other than personal use without our written permission.

Proprietary Rights: The name "GemFynd," our logos, custom graphics, and brand identifiers are proprietary to us. Any unauthorized use of the GemFynd name or brand assets in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages GemFynd, is strictly prohibited.

Third-Party Marks: Other product and company names mentioned in this website are the trademarks of their respective owners.

8. Linked Websites

Links to third-party websites are provided for convenience only. GemFynd does not control, endorse, or maintain these sites. Accessing linked websites is done entirely at your own risk.

9. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.

Prohibited Use: You may not use our products for any illegal or unauthorized purpose. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

10. Accuracy & Modifications

Information Integrity: While we strive for perfection, we are not responsible if information on this site is not accurate, complete, or current. Material is provided for general information only; reliance on it is at your own risk.

Service Changes: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.

11. Product Exclusivity & Quality

Online Exclusivity: Certain "Gems" may be available exclusively online through GemFynd. These products may have limited quantities and are subject to return only according to our Returns & Refunds Policy.

Expectations: We do not warrant that the quality of any products, services, or information purchased will meet your personal expectations.

12. User Feedback & Submissions

If you send us creative ideas, suggestions, or product reviews, you agree that we may, at any time, without restriction, edit, copy, publish, and distribute those comments in any medium. We are under no obligation to maintain comments in confidence or pay compensation for them.

13. Prohibited Conduct

In addition to other prohibitions, you are prohibited from using the site or its content:

To harass, abuse, insult, harm, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

To submit false or misleading information or to "scrape" data from our boutique.

14. Indemnification

You agree to indemnify, defend, and hold harmless GemFynd and our affiliates, partners, officers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law.

15. Severability & Termination

If any provision of these Terms is determined to be unlawful or unenforceable, that part shall be deemed severed, but it will not affect the validity and enforceability of the remaining provisions. These Terms remain effective until terminated by either you or us.