Terms & Conditions
Terms and Conditions
These terms and conditions apply to the Benqubi Gems website located at www.benqubigems.com and its subsidiaries and affiliates, including Benqubi Gems's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Benqubi Gems product purchased through the Site may be subject to additional policies, guidelines, terms, and agreements ("Terms"). If such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Benqubi Gems Site.
Change of Terms
Benqubi Gems may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Benqubi Gems may give by any means, including, without limitation, by posting the revised Conditions on the Benqubi Gems Site. You are responsible for reviewing the Benqubi Gems Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting the revisions on the Site. Any access or use of the Benqubi Gems Site by you after changes to these Conditions will constitute your acceptance of the revised terms. If you disagree with the amended terms, stop using the Site.
Content
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Benqubi Gems or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Benqubi Gems Site is owned by or licensed to Benqubi Gems. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for personal, non-commercial use. Nothing contained on the Benqubi Gems Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Benqubi Gems Site without the written permission of Benqubi Gems or any third party that may own such trademarks or service marks. Benqubi Gems will aggressively enforce its intellectual property rights to the fullest extent of the law.
Trademarks
Benqubi Gems, the Benqubi Gems logos, and any other product or service name or slogan contained in our Site are trademarks of Benqubi Gems and its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Benqubi Gems or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Benqubi Gems" or any other name, trademark product, or service name of Benqubi Gems without our prior written permission. All other trademarks, registered trademarks, product names, and Benqubi Gems names or logos mentioned on our site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, sub-licensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein without the prior written permission of Benqubi Gems is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Information on Our Site
Benqubi Gems is committed to providing current and accurate information on our websites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors that may occur. Inadvertent errors or inaccurate advertised prices are not binding on Benqubi Gems and may be adjusted by Benqubi Gems at any time. Benqubi Gems reserves the right to correct any errors when they do occur. Suppose an order is placed with a lower product’s listed price than the actual price. In that case, Benqubi Gems will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Benqubi Gems apologizes for any inconvenience that this may cause.
Information we communicate is not a binding contract and should not be treated as such. The sole remedy for a customer acting on incorrect information is to request a cancellation of the order placed due to this inaccurate information. If an order has been shipped, the customer agrees to return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Benqubi Gems holds a dynamic and high-volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products on the Benqubi Gems website may appear larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary by 0.05 carats from the stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry sets with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average, depending on the number of diamonds. All diamonds within the piece are at or above the stated quality if stated as a minimum. If expressed as an average, collectively, the quality is equal to or exceeds the grade stated.
Benqubi Gems retains the full unrestricted rights to all jewelry designs, whether custom or standard and may choose to market or sell jewelry based on such designs.
Benqubi Gems's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Additionally, to conserve natural resources and maintain the high quality of our pieces, Benqubi Gems does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, don't hesitate to get in touch with our Customer Service via emai at info@benqubigems.com.
Benqubi Gems and any affiliated companies provide natural diamond origin information – whether on this website, in marketing materials, in materials provided to any purchaser, or anywhere else – without any warranty, either express or implied. All implied representations, warranties, and conditions relating to diamond origin are hereby disclaimed where applicable. Natural diamond origin information is provided based upon information supplied by the supplier and demonstrated supplier adherence to the Benqubi Gems chain of custody protocol. While reasonable commercial efforts are made to ensure the accuracy of the origin information provided, there can be no guarantee or warranty of the diamond origin information. The above limitation of liability extends to any persons who viewed Benqubi Gems natural diamonds listed with origin, any persons who purchased Benqubi Gems natural diamonds listed with origin, and any other persons who may thereafter acquire Benqubi Gems natural diamonds that had been listed with origin.
All representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Benqubi Gems’s knowledge and without guarantee or warranty of any kind.
Your Account and Order
When you access or use the Benqubi Gems website or your personalized Benqubi Gems account, you are solely responsible for maintaining your account's confidentiality and restricting access to your computer. You are further responsible for all activities that occur under your account and your password. If you are under 18, you may use Benqubigems.com only under the guidance and direction of a parent or guardian. Please note that Benqubi Gems reserves the right, at its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
When a customer files a chargeback, Benqubi Gems has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Benqubi Gems's sole and absolute discretion.
Colored Gemstones & Diamond Certificates
Customers who order loose natural colored gemstones will receive a confirmation reveipt with gemstones details (certificate issued by Benqubi Gems LLC) via email after their purchase. If the customer request for a special GIA certificate and Benqui Gems will obtain these certificates from GIA upon receiving the certificate fee for the special GIA certificate fee. Usally these certificates cost between 250 USD - 1000 USD. In many occasions, stones which are larger than 10 Carest, Benqubi Gems will issue a free of charge GIA ceritificate to customers.
These grading reports are detailed documents from experts at highly respected GIA laboratories. These grading reports are costly to replace, and as a result, Benqubi Gems requires each grading report to be included with each returned gemstones. If you do not include the grading report with your return, you will be charged a replacement fee of two hundred and fifty dollars to a thousand dollars ($250.00-$1000) depenant on how GIA charges to officially issue a replacement certificate .
Passage of Title
The title for goods purchased passes from Benqubi Gems to the purchaser’s designee when goods are delivered to the designee.
Order Approval and Cancellation
Receipt of an order confirmation message from Benqubi Gems only confirms that your order request has been received. Customer orders are not accepted by Benqubi Gems until they have been processed and approved at our headquarters. Benqubi Gems is not obligated to complete a customer order and reserves the right to cancel products or services to any customer for any reason. The customer's sole remedy in such cases will be the full refund of any funds that we have collected about the canceled products and services.
Privacy
Please review our Privacy Policy, which also governs your visit to this site and for information on how Benqubi Gems collects, uses and discloses personally identifiable information from its customers. Benqubi Gems does reserve the right to cooperate with legitimate governmental requests, subpoenas, or court orders to protect Benqubi Gems’s systems and customers or to ensure the integrity and operation of Benqubi Gems’s business and systems. As such, Benqubi Gems may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Benqubi Gems’s right to disclose any such information shall govern over any terms of Benqubi Gems’s Privacy Policy.
Repeat Infringer Policy
By the Digital Millennium Copyright Act ("DMCA") and other applicable law, Benqubi Gems has the sole discretion to terminate and bar specific website users or Benqubi Gems account holders who under appropriate circumstances are determined to be repeat infringers. Benqubi Gems further reserves the right to limit access to this website and terminate the account of any users whom Benqubi Gems reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Advertisements and Promotions
Benqubi Gems may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party, and Benqubi Gems is not responsible or liable for any loss, damage, or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of advertisers other than Benqubi Gems, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding this website, Benqubi Gems, or the Benqubi Gems products or services that are provided by you to Benqubi Gems in any form are not confidential and upon submission, shall become the sole property of Benqubi Gems. Benqubi Gems shall own exclusive rights, including all intellectual property rights to said feedback and submissions and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Benqubi Gems and its sublicensees the right to use the name that you submit in connection with such content if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Social Media User Content
At times, Benqubi Gems may reach out to social media users to seek permission to feature our favorite content on our Site, social channels, or in promotional materials. Benqubi Gems may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments, and other materials from social media sites in connection with Benqubi Gems’s business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Benqubi Gems and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any other marketing, promotional and advertising initiatives, and any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing, and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content, and have obtained appropriate rights and permissions from any other persons and entities who own, manage or otherwise claim any rights concerning such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content that you submit is deemed non-confidential, and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you consent to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers outside the country where you live or to third parties in other countries so that we may process personal information on the Licensed Parties' behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer, and processing of your information by the terms of these Conditions, the Benqubi Gems Privacy Policy, and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please get in touch with Benqubi Gems.
Product Reviews and User Content
Benqubi Gems’s website and social media accounts include or may include in the future a product review feature, discussion forums, user-generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Benqubi Gems, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Benqubi Gems or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to Benqubi Gems, and provide Benqubi Gems permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Benqubi Gems a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Benqubi Gems and sublicensees the right to use the name that you submit in connection with such content if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Benqubi Gems disclaims any responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage thereto, nor shall Benqubi Gems be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Benqubi Gems Interactive Areas is at your own risk. Benqubi Gems is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Area. Additionally, Benqubi Gems reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on our website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Benqubi Gems website in violation of the foregoing paragraph violates these Conditions and may result in termination or suspension of your rights to use the Interactive Areas and our website.
Marketing Communications Via Text Message
Enrollment
Suppose you enroll in our text messaging program. In that case, you are providing your prior express written consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders and product discounts and other promotions) from Benqubi Gems, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provide when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. If you disagree with these text message terms, do not sign up for text messages. You acknowledge that you are at least eighteen years of age, and you have the consent of the wireless account holder to sign up for text messages and pay for any related fees.
Message and data rates may apply. Please consult your mobile carrier plan to confirm applicable charges and other fees for sending and receiving text messages. In no event will Benqubi Gems or its affiliates be responsible for any plan or other related charges incurred due to your enrollment in our text messaging program?
Message frequency will vary. While we anticipate sending between four and eight messages per month, Benqubi Gems reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of transmitted messages. Benqubi Gems also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Benqubi Gems, its service providers, used to provide the text messaging program, and the mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your network operator. You are responsible for updating your number with us and ensuring your account information is correct. Your carrier may restrict or prohibit certain mobile features, which may be incompatible with your carrier or mobile device. Our text message program applies only to mobile devices registered in the United States and Canada and with United States and Canadian carriers. Please review your wireless carrier’s policies and contact them with any questions.
Cancellation; Help
You can opt out of receiving text messages from us at any time by texting the keyword “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” or “QUIT” to our short code. In response, you will receive another message confirming your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include a “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE,” or “QUIT” keyword command and agree that Benqubi Gems and its service providers used to provide the text messaging program will have no liability for failing to honor such requests.
If you change or deactivate your mobile number, please get in touch with Benqubi Gems so that we may update our records and discontinue sending messages to your previously opted-in number.
For help, or if at any time you forget what keywords are supported, text the keyword “HELP” to email info@benqubigems.com
Disclaimer of Warranties
The Site, the content contained therein, and the products provided in connection therewith are delivered on an 'as is' and 'as available' basis. Benqubi Gems makes no representations or warranties of any kind, whether express or implied, as to the Site's operation or the information, content, materials, or products included on it. You expressly agree that your use of the Site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Benqubi Gems disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the Site. Benqubi Gems does not warrant that the Site, its servers, or its electronic communication are accurate, reliable, complete, current, or free of viruses or other harmful components.
Limitation of Liability
In no event shall Benqubi Gems, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Benqubi Gems products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Benqubi Gems Site, or that results from the reliance by user on any information obtained from Benqubi Gems, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Benqubi Gems Site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Benqubi Gems’s programs or services, even if Benqubi Gems is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Benqubi Gems, its directors, members, employees, affiliates or agents. in no event shall Benqubi Gems's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless Benqubi Gems, its independent contractors, service providers, and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Benqubi Gems Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Benqubi Gems and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Benqubi Gems vendors, do not constitute sponsorship, endorsement, or approval by Benqubi Gems of the content, policies, or practices of such linked sites or services. Benqubi Gems is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of related sites or services.
Termination
Notwithstanding any of these Conditions, Benqubi Gems reserves the right, without notice and at its sole discretion, to terminate your license to use this site and to block or prevent your future access to and use of the Site.
Dispute Resolution
You and Benqubi Gems each acknowledge and agree that for any dispute, claim, or controversy between us, whether related to Benqubi Gems's Site, products, or services:
You and Benqubi Gems are each waiving the right to a trial by jury.
Any litigation shall be conducted in our capacities and not as a class action or other representative action.
Any declaratory or injunctive relief may only be awarded individually and only to the extent necessary to provide relief warranted by the individual claims.
You and Benqubi Gems expressly waive any rights to file a class or representative action or to seek relief on a class or representative basis. This means that you and Benqubi Gems may not be plaintiffs or class members in any purported class, collective, or representative proceeding and may each bring claims against the other only in your or its capacity.
Notwithstanding the above, you and Benqubi Gems each retain the right to participate in the class-wide claims settlement.
You and Benqubi Gems each further acknowledge and agree that if this Section or any portion of it is determined to be invalid, illegal, or unenforceable, the remaining portions of this Section and these Conditions will not be affected or impaired. They shall be considered valid and enforceable, and therefore shall be enforced to the greatest extent allowed by law.
Miscellaneous
These Conditions contain the entire understanding of you and Benqubi Gems concerning the subject matter hereof and supersedes all prior agreements and understandings between you and Benqubi Gems concerning the subject matter hereof. The failure of Benqubi Gems at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions or in any way to affect the right of Benqubi Gems thereafter to enforce every provision of these Conditions. No waiver by Benqubi Gems of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions or portion thereof is declared invalid or otherwise determined to be invalid, illegal, or unenforceable for any reason, the remaining portions of the applicable provision and these Conditions will not be affected or impaired and shall be considered valid and enforceable, and therefore shall be enforced to the greatest extent allowed by law. Provisions concerning your rights and obligations which by the provision's content operate after termination or are necessary to enforce any right will survive any termination or expiration of these Conditions.
Questions
If you have any questions, please do not hesitate to contact us via info@benqubigems.com
Terms and Conditions last updated on February 15, 2024.