Terms of Use
Terms and Conditions
Agreement between User and www.gempawnbrokers.com
Welcome to www.gempawnbrokers.com. The www.gempawnbrokers.com website (the “Site”) is comprised of various web pages operated by GEM PAWNBROKERS.
www.gempawnbrokers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.gempawnbrokers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.gempawnbrokers.com is an E-commerce Site.
The purpose of our website is to introduce and provide financial services in relation to the pawning industry. In addition, we will provide preowned items for sale.
Privacy
Your use of www.gempawnbrokers.com is subject to GEM PAWNBROKERS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.gempawnbrokers.com or sending emails to GEM PAWNBROKERS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GEM PAWNBROKERS is not responsible for third party access to your account that results in theft or misappropriation of your account. GEM PAWNBROKERS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
GEM PAWNBROKERS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.gempawnbrokers.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
REFUNDS
Refund requests must be made within 15 days of original shipping date. Shipping charges of any kind are non-refundable. Refunds will only be made in the original form of payment. Refunds typically take 3 - 5 business days to reflect on your account. Processing time for refunds may vary based on credit card provider and/or banking institution. Items are not eligible for refund after 15 days of original shipping date.
Items must be in the original condition in which they were received, including original packaging and protective wrappings. Requests made for damaged/missing items will not be processed or processed with a 10% restock fee contingent upon the extent of damage.
IN STORE RETURNS
Items can be returned at any of our store locations. Our stores will gladly accept returns within 15 days of the original shipping date.
Our stores generally operate from 9AM – 6PM, however the hours of operation vary by location. Customers must provide the original purchase receipt(s) to return any item(s). Requests made without original receipt will not be processed.
In store refunds will only be made in the original form of payment.
RETURNS BY MAIL
For online return requests only, please email our Client Services by email us at ecom@gempawn.net. The email subject must read “RETURN REQUEST.” The body of your email must clearly state the following information:
- Order number for the purchased item(s)
- Name & description of item(s) you are returning/exchanging
- Reasons for the request
Please allow 24 hrs. for a reply from our Client Services team with further instructions on how to process your request.
CANCELLATIONS
Customers have 24hrs to cancel any order. If cancellation is requested after item(s) have been processed, customers will only be reimbursed the price of the item and not the shipping fees. If cancellation is requested after item(s) have been shipped, customer must contact Client services by email at ecom@gempawn.net to process a refund.
Please contact us at ecom@gempawn.net with any questions.
Links to Third Party Sites/Third Party Services
www.gempawnbrokers.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GEM PAWNBROKERS and GEM PAWNBROKERS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GEM PAWNBROKERS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GEM PAWNBROKERS of the site or any association with its operators.
Certain services made available via www.gempawnbrokers.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gempawnbrokers.com domain, you hereby acknowledge and consent that GEM PAWNBROKERS may share such information and data with any third party with whom GEM PAWNBROKERS has a contractual relationship to provide the requested product, service or functionality on behalf of www.gempawnbrokers.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.gempawnbrokers.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to GEM PAWNBROKERS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GEM PAWNBROKERS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GEM PAWNBROKERS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GEM PAWNBROKERS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express pr implied, to the intellectual property of GEM PAWNBROKERS or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by GEM PAWNBROKERS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GEM PAWNBROKERS Content accessed through www.gempawnbrokers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless GEM PAWNBROKERS , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GEM PAWNBROKERS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subjects to indemnification by you, in which event you will fully cooperate with GEM PAWNBROKERS in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its cost and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both of you and GEM PAWNBROKERS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDE IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GEM PAWNBROKERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GEM PAWNBROKERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHIC CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GEM PAWNBROKERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GEM PAWNBROKERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARSING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GEM PAWNBROKERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
GEM PAWNBROKERS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GEM PAWNBROKERS as a result of this agreement or use of this Site. GEM PAWNBROKERS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement in derogation of GEM PAWNBROKERS’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by GEM PAWNBROKERS with respect t such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GEM PAWNBROKERS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GEM PAWNBROKERS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
GEM PAWNBROKERS reserves the right, in its sole discretion, to change the Terms under which www.gempawnbrokers.com is offered. The most current version of the Terms will supersede all previous versions. GEM PAWNBROKERS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
GEM PAWNBROKERS welcomes your questions or comments regarding the Terms:
GEM PAWNBROKERS
98 Rockwell Place
Brooklyn, New York 11217
Email Address:
Ecom@gempawn.net
Telephone number:
(718) 596 – 5626
Effective as of August 26, 2020