Terms of Services
1. Information About Us
1.1 https://desireegems.com is a site operated by Desiree Gems Pte Ltd. We are registered in Singapore under the Business Registration Number 201905837H and with our registered office at 14 Scotts Road Far East Plaza #02-89 Singapore 228213.
2. Your Status
2.1 By placing an order through our site, mobile, email or messages, you warrant that:
2.1.1 You are legally capable of entering into binding contracts.
3. How the Contract is formed between You and Us
3.1 After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All telephone and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
3.2 Subjected to actual stock availability, item orders may be replaced with alternatives subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded of the amount paid.
4.3 All orders placed online will be fulfilled within 2-4 business days unless otherwise advised. Business days exclude Saturday, Sunday and Public Holidays.
4.4 You are obliged to make payment in full by the payment option you select when you check out your orders.
5. Price and Payment
5.1 The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
5.2 Our site contains a large number of products and in rare case it may be possible that, despite our best efforts the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, when product price are incorrectly sold, our team will either contact you for instructions before dispatching the product, or cancel your order and notify you of such cancellation.
5.3 We are under no obligation to provide the product to you at the incorrect price even after we have provided you with any form of confirmation.
6. Product Description
6.1 Our product descriptions are set accurately to the best of our ability at the point of posting. We do not warrant 100% error-free measurements and descriptions pertaining to human error.
6.2 It is notable that products may vary slightly from photos due to lighting, device screen brightness and other uncontrollable variables and for measurements to have a minor variance. We will strive to derive photos to the best depiction of its real condition as much as possible.
6.3 Buyers should take responsibility in obtaining any further information and clarification on the products from us prior to making the purchase as our items sold are non-exchangeable and non-refundable policy apart from issues pertaining to authenticity.
8. Our Liability
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
8.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
9. Events Outside our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1 Strikes, lock-outs or other industrial action;
9.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 Impossibility of the use of public or private telecommunications networks; or
9.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire Agreement
12.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
13. Our Right to Vary these Terms and Conditions
14.1 We have the right to revise and amend these Terms and Conditions from time to time.
14. Law and Jurisdiction