Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
By agreeing to these terms, the shopper acknowledges that he has read and agreed to the "Read This Before Buying Gemstones" article linked by the "!READ ME!" menu item at the top of each page which describes our scope of services:
IMPORTANT FACTS YOU NEED TO KNOW BEFORE USING THIS STORE:
Pailin Gemstones is a collective that represents many and most gem stores in Pailin.
We are here to assist you in shopping from home like if you were strolling through the streets of Pailin:
About our gems pictures:
Please note that we don't temper with gems images at all. We take, for each gemstone, 9 pictures in different lighting environment and upload them without any modification in order to give you a view of the gem's purity, colour, refraction and clarity.
You will notice that the quality of the images we provide is so realistic that you often can see the tiniest defects on angles, faceting lines and other dust particles... but please be assured that most of these are actually not visible to the naked eye, and while we want to be thorough in our rendering of the actual gem, you should consider that the images give too much detail.
In order to be fair with the lapidaries we represent, please consider that other gemstone websites will select only the best image and maybe even modify it with Photoshop while we show you as much as we can of the gem. We hope you remember this when you see small defects in the images, it's not because we show them that our gems quality is any lower than competitor websites.
Finally we hope that you understand that our aim is to be a trustworthy shopping agent for individuals and jewellery stores worldwide. Please be assured that your satisfaction and your repeating business are paramount within our priorities, both for us, PailinGemstones.com, and for the development of Pailin's Gems industry.
So once again, DON'T HESITATE TO CONTACT US for your questions. We are available with:
* Our preferred communication medium is typed chat via Skype which allows a fast response while keeping records of the conversation for further reference.
end of quote
"Site" means the Pailin Gemstones online shopping platform owned and operated by Khmer-dev INC, which provides a venue to the users of PailinGemstones.com to buy the products listed / displayed at Pailin Gemstones by the Seller.
"Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, puts for auction the products on the Shopping.PailinGemstones.com / website.
"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through 'Pailin Gemstones' by placing its order on this Site.
"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
"Khmer-dev INC" means Khmer-dev INC, the owning company of PailinGemstones.com.
This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Khmer-dev INC acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
During transactions between the Seller and Buyer, Khmer Dev INC is a consultant and also handles rapatriation of the funds from the User to the Seller and will also manage eventual disputes within Khmer Dev INC limited authority.
1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Khmer-dev INC you agree to be bound by the Terms and Conditions.
3. All prices, unless indicated otherwise are in United States Dollars.
4. By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
5. Khmer-dev INC is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.
6. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. Khmer-dev INC, accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.
7. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account, minus eventual bank and transfer fees and duly notified to you by email.
8. Khmer-dev INC does, during transaction between buyer and seller on Website, come into or takes possession of the product(s) or service(s) offered by seller, does so with the sole purpose of assisting both parties but denies all responsibility further from the point that the procuct has been shipped.
9. In a credit card transaction, you must use your own credit card. Khmer-dev INC will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
10. Khmer-dev INC is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.
11. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery, product and shipping, shall be claimed from the User placing the order.
12. Shipment/delivery time of order processing starts from the day of receipt of the payment/COD(Cash on Delivery) confirmed against the order placed with Khmer-dev INC.The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. Khmer-dev INC shall not be liable for any delay / non-delivery of purchased goods by the Vendors, flood, fire, wars, acts of God or any cause that is beyond the control of Khmer-dev INC.
13. Notwithstanding anything contained herein Khmer-dev INC acts only as booking agent to facilitate / integrate transactions between the Buyers and Sellers through various platforms (online web store, print ads, call centre, mail order catalogues, SMS. etc.) for various Vendors and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event shall Khmer-dev INC, its directors, officials, representatives and employees are liable for any damages relating to products sold through its various platforms.
14. Presently, the service(s) of Khmer-dev INC Shopping are being offered free of cost. However, Khmer-dev INC reserves the right to charge a fee for any or such facilities.
15. The User agrees to use the services provided by Khmer-dev INC, its affiliates, consultants and contracted companies, for lawful purposes only.
16. The User agrees to provide authentic and true information. Khmer-dev INC reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Khmer-dev INC has the right in its sole discretion to reject the registration and debar the User from using the Services available at this wesite, and / or other affiliated websites without prior intimation whatsoever.
17. Khmer-dev INC will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
18. Partial delivery of product needs to be reported within 10 days of receipt of the product.
19. Cancellation, on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
20. No order or sub-orders cancelled will be refunded after shipping of the product has been processed.
21. Delivery of orders would be done address specific not person specific.
22. The Pailin Gemstones discount coupons issued by Khmer-dev INC shall be deducted from the check-out time of the purchase and can't be updated after payment.
23. For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. Khmer-dev INC shall not be held responsible for any refund claim in such a case from the customer.
24. Khmer-dev INC reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
25. Octroi charges may be levied on some products displayed on the site .These charges shall are not refundable and shall be borne by the customer.In the event of cancellation of the order the ,Octroi charges levied shall not be refunded.
26. We (Khmer-dev INC) as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our Vendors or suppliers, Khmer-dev INC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Khmer-dev INC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Khmer-dev INC shall issue a credit to your credit card account in the amount of the charge.
Before placing an order you are advised to check the product description carefully and use Online Support. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Khmer-dev INC and\or Khmer-dev INC's Vendor\Seller, will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, Khmer-dev INC or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this Khmer-dev INC website is accurate, complete, reliable, current, or error-free. If a Product showcased on this Khmer-dev INC website on behalf of Seller is found by You not to be as described, upon receipt of the same in pursuance to placing an order on the Seller through the Site, your sole remedy is to return it in unused condition to the Seller. In the event if the payment has been processed by Vendor\Seller for the returned Product(s), the refund amount shall be credited to your credit/debit card account only after the returned product has reached the return address and the same shall be duly notified to by email to your email address provided at the time of registration. In case the return product doesn't reach the return destination the payment nor Khmer-Dev INC, nor the seller shall be held responsible and the payment will NOT be refunded.
Charges displayed on the site are inclusive of cost of the product service fee for payment and facilitation fee. In case the customer would like to pay using an alternate payment mode that is acceptable to us, the service fee for payment will be adjusted with the total payable amount for the order. Customers using foreign and international cards should note that this online payment gateway accepts payments in United States Dollars only. Therefore, the amount charged on above mentioned currencies is value of the product displayed on the site which is converted into or any other foreign currency at the actual prevailing conversion rate while passing on the order to the payment gateway. Similarly for any applicable refunds the full amount, which has been charged, is refunded which is converted into or any other foreign currency at the actual prevailing conversion rate. The difference if any in the refund and amount charged is due to the fluctuation of the conversion rate. In some cases where an international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank. Khmer-dev INC would refund only the amount charged in INR as displayed on the website. Khmer-dev INC is not responsible for any charge levied by the credit card Issuing bank for the foreign transaction.
All prices and availability of products are subject to change without prior notice at the sole discretion of Khmer-dev INC
In order to facilitate payments for Product(s) purchased by You through shopping.PailinGemstones.com shopping, (Khmer-dev INC), at the request of the Sellers, offers an online payment gateway facility that will enable You to make payments in respect thereof to the Sellers using a credit/debit card account, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. It is hereby clarified that Khmer-dev INC does itself collect the monies from the purchasers and the entire payment transaction (including collection from the purchasers and distribution to the Khmer-dev INC Vendor\Seller's is conducted by the online payment gateway facility provided) and transfers it to the seller before taking hold of the product for shipping.
You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for Product(s) purchased through shopping.PailinGemstones.com, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by Khmer-dev INC with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You or its Vendor\Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
You understand and agree that Khmer-dev INC and this Site also provides hosting services to its Vendor\Sellers to also provide 'Order Tracking Facility' to the Registered Users in respect of their orders placed with Khmer-dev INC Vendor\Seller. All such Order Tracking Information and results are third party user generated contents. Khmer-dev INC neither initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Khmer-dev INC has no control over the third party user generated contents and shall not be liable for the same in any manner. Khmer-dev INC's Vendor\Seller provides the said facility as a free service, without any obligation so to do, to its customers who register with this Site, through this Site and shall make reasonable endeavors to ensure that the facility works properly and that the information so provided is true and correct. However, it assumes no responsibility for any inaccuracies that may creep in such information provided to the Users or in regard to the timeliness of such information.
USER ACKNOWLEDGES THAT THROUGH THIS SITE, Khmer-dev INC MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. Khmer-dev INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
Khmer-dev INC IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, Khmer-dev INC SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL Khmer-dev INC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
Khmer-dev INC SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Khmer-dev INC'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Registration of the User on the Website is not Mandatory. In case of registration the User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever without proper authorization from such party.
User are responsible for the security of User's password and for all transactions undertaken using User's password through our service. User confirm that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. Khmer-dev INC will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user's ID/password/credit card number/account details number for using Khmer-dev INC's Travel Services.
The user also agrees and undertakes to immediately notify Khmer-dev INC of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the website. Khmer-dev INC shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Khmer-dev INC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Khmer-dev INC shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Khmer-dev INC the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of Cambodia , friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You shall indemnify and hold harmless Khmer-dev INC and (as applicable) Khmer-dev INC's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement.
The User agrees that Khmer-dev INC may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Khmer-dev INC and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Khmer-dev INC and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Khmer-dev INC and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Khmer-dev INC reserves the right to communicate with Users regarding this site and User's use of this site or any product or service purchased by User on this site.
Khmer-dev INC shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of Cambodia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Phnom Penh.
Pailin Gemstones C/O Khmer-Dev INC
Group 4, Wat Village
Pailin City, Pailin Province
request you to please provide the following information in your complaint:-
A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright ©2012 Khmer-Dev INC. All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.