Terms of use

Gemsquar reserves the right to take photos of the Items received for security reasons, archiving, assessment of the condition of the items received and in case of return or cancellation.

In the absence of a prior agreement between Gemsquar and the Seller as to the preferred delivery method, Gemsquar reserves the right to choose the delivery service necessary to fulfill its obligations to ship or reship the items. Gemsquar's preferred delivery services are Swiss Post, Fedex, Malca Amit SA and Brinks SA, as secure transport companies.

Gemsquar reserves the right to update, modify, add or delete all or part of the content of the Platform without infringing the rights of Sellers or Buyers. When an update, modification, addition or deletion directly affects Users, Gemsquar undertakes to inform them in advance.

Gemsquar reserves the right to update the T&Cs. To this end, Gemsquar undertakes to inform Users of the Platform electronically at the email address provided by the users.Users, in order to keep them informed of updates. The content of the email will be intended to provide an overview of the key points of the updated terms and the effective date of the new terms. By continuing to use the Platform, Users are deemed to have read and accepted the new terms of use.

Unless otherwise provided in Article 10.12 relating to the intellectual property rights of Trusted Sellers on the photos they publish on the Gemsquar Platform, Gemsquar holds the intellectual property rights on all or part of the content present on the Platform, including but not limited to: all pages of the platform, such as Gemsquar pages, FAQs, the general conditions of use of the Gemsquar platform, Gemsquar's privacy policy, Gemsquar's legal notices, Gemsquar's logos, the site in its entirety as well as its functionalities to operate all or part of the Platform or to provide all or part of the services offered by Gemsquar, and finally, any other content of any nature, whether in written or illustrated form, which is or will be present on the Platform.

Gemsquar's intellectual property rights also extend to material published or sent by Gemsquar to its Users or to third parties, as well as to photos taken by Gemsquar for archiving the condition of items received before their return, to content posted online or published by Gemsquar on social networks, whether in written or illustrated form, including but not limited to advertisements, emails or email exchanges, whether or not intended for advertising or commercial purposes. 

Gemsquar and its marketing team are authorized to use, reproduce, represent, publish, offer to the public, improve and modify the images, photos and content of the items offered for sale by Trusted Sellers as well as Private Sellers, alone or with other images, photos and content, for marketing and sales purposes, for archiving the condition of the items received before return, publication on social networks, announcements, emails, without limitation of time or territory. The temporary or permanent suspension, activity, inactivity or deletion of a Gemsquar account will not affect the rights of use and publication granted to Gemsquar. By using the Gemsquar Platform, Trusted Sellers agree to grant Gemsquar the aforementioned rights.

Sellers, subject to compliance with these T&Cs, membership in a Gemsquar subscription for Trusted Sellers, have the right to put their Items up for sale, new or used. Any Seller putting an Item up for sale on the Gemsquar Platform guarantees that he owns it and has the right and capacity to sell it.

By putting an Item up for sale on the Gemsquar Platform, the Seller makes an offer to sell the Item for the indicated sale price, without time limit. In the event of an order from the Buyer, the Seller undertakes to deliver them to the latter within the delivery time indicated on the Platform.

The number of items that can be put on sale on the Gemsquar Micro-Store for Trusted Sellers or on the Gemsquar platform for Private Sellers is as follows:

For Trusted Vendors:

• Basic Subscription: 50 items
• Silver Subscription: 70 items
• Gold Subscription: 150 items
• Platinum subscription: unlimited

For Private Sellers:

• Up to 10 items

10.2 Pricing

When a sale is concluded and the 3-day withdrawal period has expired, the Seller is entitled to a remuneration corresponding to the price of the item sold, less Gemsquar's commission. Gemsquar undertakes to transfer the payment to the bank account provided by the Seller within 7 to 14 days from the request, by email or invoice, for the release of funds.

Trusted Sellers may downgrade, upgrade or cancel their Gemsquar subscription at any time, subject to one month's notice to the end of a month in the event of downgrading or cancellation. Downgrading a subscription mid-month does not result in a refund of the price difference.

In case of upgrade, Gemsquar may charge the price difference between subscriptions.

Trusted Sellers can pay their monthly subscription by credit card.

In the event of cancellation, the balance remains due to Gemsquar until the end of the notice period.

Trusted Sellers can opt for an annual subscription, which allows them to benefit from all Gemsquar services and a 5% discount on the total price of the annual subscription.

In case of downgrade or upgrade of the subscription during the current year, Trusted Sellers must pay the price difference. Cancellation of an annual subscription does not result in a refund. The annual payment is payable at the time of subscription by credit card.

Trusted Sellers can request the deletion of their Gemsquar account. The request must be made by email and the deletion will take place within 30 days from the request.

In the event of account deletion, all amounts owed to Gemsquar remain due and are immediately payable.

When an order requires more time to be prepared than the expected lead time, especially for made-to-order items, sellers may request an extension of this lead time of up to 15 to 30 days.

The request for extension of the shipping time must be made by the Trusted Seller by sending an email to the following address: info@gemsquar.com or by calling (+41) 0789204906 within the stipulated time.

After the extension period has expired, Gemsquar reserves the right to automatically cancel the order and refund the funds already paid by the Buyer upon the latter's request.

In this case, Gemsquar may also request cancellation fees from the Seller due to the loss of sale. Cancellation of an order due to the Seller's failure to ship within the specified time, amounts to the amount of the commission due if the Sale had taken place as planned.

Buyers have the right to withdraw within three (3) days of receiving their order at their delivery address. They can exercise this right by sending an e-mail to Gemsquar within three (3) days of receiving their package.

In case of withdrawal within the time limits mentioned above, Buyers are required to return the package to Gemsquar in perfect condition and in the same conditions as when received. The return costs, including insurance, will be borne by the buyer.

13.3 Sending the package to Gemsquar

The beneficiaries of the Safe-Buy and Safe-Sell Options on the Gemsquar platform agree not to send the packages directly to the Buyer. Instead, users must ship the packages directly to the Gemsquar office for verification of conformity. Gemsquar will be responsible for returning the package to the Sellers in appropriate conditions.

If the package is returned directly to the Seller or Trusted Seller, Gemsquar will not be responsible if the package is damaged and refused by the Seller or Trusted Seller.

13.4 Meetings and Transactions outside the Platform

Except for Trusted Sellers, private sellers and users of the Gemsquar Platform undertake not to give or accept an appointment or invitation to conclude a purchase or sale transaction of an item published on the platform outside of it.

Gemsquar shall not be liable in any way for any damage, of any nature whatsoever, which may result from a transaction carried out outside the Platform by a seller and a buyer.

13.5 Gemsquar Amicable Dispute Resolution and Mediation

By using the Gemsquar platform, Users, including Buyers and Sellers, are encouraged to resolve their disputes or differences in a friendly, courteous and respectful manner and are invited toto contact Gemsquar for an attempt at mediation.

Gemsquar may, at its discretion, act as a mediator to help resolve a dispute between a Buyer and a Seller. In any case, Gemsquar is a Service Platform that only offers a solution for connecting buyers and sellers. Its liability in the event of a dispute following a transaction cannot be incurred.

As part of the Safe-Buy and Safe-Sell Options offered by Gemsquar, Gemsquar uses its knowledge and expertise acquired in the field of jewelry and gemmology, to carry out a conformity check of the item based on the description provided by the seller.

The conformity check is carried out within two (2) working days from receipt of the item at Gemsquar's premises. The time required for the conformity check is estimated at 48 hours from the start of the appraisal, but may vary depending on the complexity of the item. If the conformity check of the item requires more time due to the complexity or age of the item, Gemsquar undertakes to inform the Seller and the Buyer of an extension of the conformity check by providing them with a new deadline, but within the limit of seven (7) additional days.

When a Safe-Buy or Safe-Sell Option is subscribed by a Trusted Seller or a Buyer, or when a Seller sends an item to Gemsquar for an authenticity check, Gemsquar undertakes to issue, at the end of the check and if the latter is conclusive, a certificate of authenticity of the Item which confirms its conformity to the description provided at the time of sale.

Gemsquar will not issue a certificate of authenticity in the event of non-conformity or in the event of doubt as to the conformity of the item to the description provided.

The certificate of authenticity has no official value and only reflects the opinion of Gemsquar.

Following a Buyer's order, Gemsquar insends the Items directly to the Buyer in the following cases:

• When the Safe-Sell or Safe-Buy Option has been subscribed either by a Private Buyer or the Safe-Sell Option by a Trusted Seller.

• When the Item has been deemed to conform to the description provided following the authenticity check carried out by Gemsquar. Gemsquar undertakes to send the item accompanied by its certificate of authenticity to the address provided by the Buyer within two (2) days from the end of the authenticity check.

• Directly from an independent expert laboratory, when this is agreed between the parties, in particular when the item requires a more in-depth expertise to determine compliance with the description at the time of the transaction. Gemsquar undertakes to send the item to the independent laboratory within 3 days of the confirmation by e-mail from the Buyer and the Seller. The costs arising from the expertise by the laboratory are the responsibility of the Buyer or the Seller according to their agreement.

15.5 Insurance

In the cases provided for in Article 15.4, Gemsquar undertakes to insure the packages to be sent or returned until receipt by the Seller or the Buyer. Shipping insurance is included in the delivery service and covers theft, loss and damage to the package up to the amount indicated on the invoice, excluding delivery costs.

If the recipient of the package wishes, he can take out additional insurance at his own expense with the insurance company of his choice to cover the transport and delivery of his order.

Gemsquar undertakes to inform the Seller and the Buyer electronically in the event of conformity, non-conformity or doubt as to the conformity of the item to the description provided during the sale, within 48 hours of receipt of the package at its premises.

Non-Conformity of the Article to the Description Provided

When the Safe-Sell or Safe-Buy Option is subscribed and an Item is considered not to comply with the description provided, Gemsquar undertakes on the one hand to inform the Seller and the Buyer of the non-compliance within 48 hours after receipt of the Item at Gemsquar's premises and on the other hand to return the Item automatically to the address provided by the Seller within 2 days from the end of the conformity check. The return costs will be borne by the Seller.

Doubt about the Conformity of the Article and Return to the Seller

In case of doubt as to the conformity of the Article to the description provided at the time of sale and in the absence of a prior agreement between Gemsquar, the Trusted Seller and the Buyer concerning the complete examination of the article by an independent expert laboratory, Gemsquar undertakes on the one hand to inform the Buyer and the Seller electronically and on the other hand to return the article directly to the address provided by the seller within 48 hours from the end of the conformity check. The return costs will be borne by the Seller who refused the laboratory check.

Cases of Exercise of the Right of Withdrawal and Reimbursement

When the Buyer exercises his right of withdrawal within three (3) days from receipt of the item and the returned item is considered to be in good condition, Gemsquar undertakes to return the item to the Seller within 2 working days from its receipt at Gemsquar's premises. The return shipping costs will be borne by the Buyer.Seller's age.

The payment methods accepted on Gemsquar are credit cards and bank cards via our online payment partner, Stripe as well as bank transfer directly to the Gemsquar account, the bank transfer details are sent to the Buyer by Email after validation of their order. Buyers can also pay directly to the Trusted Seller in store if they wish to collect their purchase in store. To do this, they can use our in-store payment solution during the payment process on our Gemsquar platform. This guarantees the reservation and availability of their purchase for a period of 48 hours.

When a return is eligible for a refund, it will be made directly to the buyer's bank account as provided to Gemsquar. The full refund will be made between 3 to 7 days from the acceptance of the refund request by Gemsquar.