Terms of service

The terms and conditions as shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”), govern our provision of products and services.

These Terms will apply to any contract between us for the sale of our products and services provided to you. Please read these Terms carefully and make sure that you understand them, before ordering any products or services from our website (the “Site”).

By clicking to confirm during the checkout process, you agree that you accept these Terms, and promise to us that you have the right, authority, and capacity to enter into these Terms. If you refuse, you will not be able to order any products from the Site. If you use the Site, but do not place an order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.

These Terms may change from time to time, therefore we recommend that you check these before making any purchase or using our services.

In addition to these terms and conditions, our Privacy Policy also applies to your use of the Site and is, where relevant, are incorporated by reference into these terms and conditions. We only use your personal information in accordance with the Privacy Policy – please take time to read this as it includes important information which applies to you. Please also refer to our FAQs on the Site for further information.

ABOUT US

We own and operate the website https://gemandtonic.shop

References to “Gem&Tonic”, "we", "us", or "our" is a trading name which is related to our company, GA Ventures Ltd.

GA Ventures Ltd is a company registered in England and Wales under number 15969234 and our registered office is located at: 

Beacon House

South Road

Weybridge

Surrey

KT13 9DZ

 

ORDER ELIGIBILTY 

In order to purchase products from the Site, you must be an individual. Orders are open to individuals 18 years of age or older. By placing an order, you confirm that you are legally capable of entering into a binding contract. Orders are subject to availability and are limited in quantity.
 

When signing up, you need to provide a current and valid email address and your delivery address. You are responsible for maintaining the confidentiality of your account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breaches. 

Your account with Gem&Tonic is not transferable and therefore cannot be sold or traded. We may refuse, at our absolute discretion any application to join us or receive our services for any reason whatsoever.

It is your responsibility to ensure that the address we have for you is the correct one. Should your address change while you order our products, you must notify us of such change. If we are notified of the change within 10 days of the payment, we will do our best to process the change. We cannot guarantee that it will be processed in time for the shipment.

 

OUR PRODUCTS

The images of the products on the Site are for illustrative purposes only. The products you order and receive may vary slightly from online images, and the packaging of the products may vary from that shown on images on our site. The packaging may also slightly vary from time to time. 

All of the products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and, if this is the case, we won’t process your order.

GEM&TONIC TRADEMARK

Our brand and product design rights are protected and not meant to be reproduced. All content on the Site, including product descriptions, images, and branding, are the intellectual property of Gem&Tonic.

You may not use, reproduce, or distribute any content from the Site without our express written consent.

OUR CONTRACT WITH YOU

Our order process allows you to check and amend any errors before submitting your order or subscription to us. Please take the time to read and check your order or subscription at each page of the order and checkout process.

Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these terms and conditions.

No order is accepted from you until the Site displays an order confirmation message. This message is displayed after you have completed your purchase and a receipt with your order number is sent to via email as confirmation of your order.

If we are unable to supply you with a product, for example, because it is not in stock or no longer available, or because of an error in the price on the Site we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

 

PRICE AND PAYMENTS

The price of our products is as quoted on the Site and can change from time to time. The prices on our UK website are in GBP and include all taxes (for example, if our prices include VAT, it is at the rate that is in force on the date you make a payment). The price that you will pay in respect of any order will be the amount shown to you at the checkout page.

Unless stated otherwise, prices do not  include the cost of postage and packaging excluding the 3 product bundle package only which includes postage and packaging.

Ordering single or multiple products will incur postage and packaging costs which are listed separately prior to you confirming your order.

Payment can occur by listed means only. You can pay for your purchase by all means listed from time to time as available on the Site. The account associated with your payment method will be charged at the time the order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an order by any other means than those offered on the Site.

For subscriptions, you will be charged the day that your order is placed, and then on that date each month according to your subscription frequency. 

You authorise us to charge your payment card account. By submitting an order and providing us with your payment card details at checkout, you fully authorise Gem&Tonic to use those payment card details to pay for your order and that such payment means legally giving access to sufficient funds to cover all costs of the order. Gem&Tonic cannot be held liable for any fraudulent use of the payment method used.

We reserve the right to suspend or cancel any order and/or delivery if you do not make the necessary payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your order. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.

Your payment will be processed at the time of the order, and you authorize us to charge your payment method for the total amount of the order, including any applicable taxes, shipping, and handling fees.

We reserve the right to refuse deliveries to you and to cancel your account where payments have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that not been made in accordance with these terms and conditions.

To place an order, visit our Site, select the product(s), and complete the checkout process. By placing an order, you agree to pay the full price of the product listed at the time of the order. You will receive an order confirmation email once your order is successfully placed.

 

Cancellations, Returns and Refunds

You may cancel your order at any time before the product has shipped. To cancel, please contact our customer service within 24 hours at hello@gemandtonic.shop. Once the product has been shipped orders cannot be cancelled and will instead follow our standard return process set forth below. Please contact us within 24 hours of your order if you wish to cancel your order.  If we are unable to fulfil your order due to stock or unforeseen issues, we will notify you and provide a full refund.

Refunds will be processed through the original payment method within a reasonable timeframe of cancellation.

You may return any product provided that: (i) the product is returned unopened and in the original packaging; and (iii) the product is returned within 14 days from the date that you received the order. In these circumstances only, you will be entitled to a full refund, including standard delivery charges. However, if the above conditions are not met, or if the product seal is compromised in any manner, no return will be accepted and no refund given due to considerations of hygiene and safety.

 

Product Availability

In case of unavailability of one or more products after placing the order, we will notify you by email. The amount of the order will be re-calculated, and you will be charged the new amount, which will be your original order value, less the value of the missing products. If the order is entirely unavailable, we will notify you by email or telephone and your payment card account will not be charged for that order (or it will be refunded if it has already been charged).

In case of unavailability of products before or after order, (subject to the “Our Liability” section of these Terms) we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such product(s), to the fullest extent permitted by law.

 

DELIVERY

We use local postal services to deliver our products, and proof of delivery is not always obtained. Once the product has been properly dispatched and is under the control of the local postal services, you agree you cannot hold us responsible for delays relating to the delivery of products.

Delivery of products takes place at the front door of the property at the address you specified for delivery. This means that if the products are being delivered to a flat or property with a reception/concierge, delivery shall take place at the front door of this property and not at the door of the specific property within an apartment block. 

Provided that we deliver the products to the address you have specified in the order (or any other address agreed by us in writing) then the products will be deemed to have been delivered and we will not be liable to you for non-delivery of the products, to the fullest extent permitted by law. 

We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you or is a person authorised by you to accept delivery of the products.

If you place an order for multiple products, please be aware that they will still be sent via your local post office and may be subject to delays. We, therefore, cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.

If you are a customer in the United Kingdom and your product does not fit through your letterbox and you are out when it is delivered, the courier should leave a card at the address with information about collection or re-delivery.

Estimated delivery dates are provided on the product page or during checkout. These dates are estimates only and may be subject to change. We will notify you via email when your order is ready for shipping. Shipping costs and taxes are calculated at checkout and are the responsibility of the customer. Orders are available only for shipping within the UK.

If there will be a change to your delivery date due to an issue with product availability, or another issue prior to the product being dispatched, we will contact you and provide a revised estimated delivery date.

 

UNDELIVERED PRODUCTS

If you think a product hasn’t been delivered, please check with your local postal provider to see if they’re holding it. If you are a customer with a delivery address in the United Kingdom, this is likely to be your local Royal Mail delivery office.

You must report all lost or undelivered boxes online within 7 days of the expected last day of delivery shown in your confirmation email.

To notify us of an undelivered product, please email us at hello@gemandtonic.shop. If you change your address, you must update your delivery address details in the relevant section of the website to ensure that products are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any products posted to the wrong location. You can update your address details in your account. 

We reserve the right to not accept orders from you, and to cancel your account, if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

Any Products in your order will be your responsibility from the time we deliver them to you in accordance with this section and the Terms generally.

For logistical reasons, we reserve the right to split shipments. This means that if you order multiple products in one order, the individual products may be sent and arrive separately and potentially by different carriers. 

Please be aware of the additional postal charges that may apply to your order at checkout based on what you order, the quantity you order and your delivery address including country of delivery.

If you are dissatisfied with any product you receive from us, please contact our customer services team at hello@gemandtonic.shop

EVENTS BEYOND OUR CONTROL

We will not be liable to you for any lack of or delay in performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control, including without limitation strikes, lock-outs or other industrial action by third parties, changes in legislation including import tariffs/duties and border controls, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood earthquake, subsidence, epidemic, or another natural disaster, or failure of telecommunications networks, or impossibility of the use of shipping, aircraft or other means of transport.

 

OUR LIABILITY TO YOU

We only supply our products for domestic or private use and in accordance with their description and accompanying instructions for proper use. You agree not to alter our products. You also agree not to use our products for any commercial, business or resale purpose.

Our skincare products comply with all applicable EU and UK Cosmetic Product Safety Regulations.

Nothing in this clause or otherwise in these terms and conditions shall exclude or in any way limit our liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by our negligence; (iii) breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (iv) under Part I of the Consumer Protection Act 1987; (v) under any applicable UK product safety regulations; or (vi) any other liability to the extent the same may not be excluded or limited as a matter of law. We exclude any and all other liability to the fullest extent permitted by the applicable law. We are not responsible for any loss or damage that is not foreseeable.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use our products or our site; or
• use of or reliance on any content displayed on our site; and

we will also not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

To the fullest extent permitted by law, we are not responsible for any indirect, incidental, or consequential damages that result from any product, order or pre-order, including but not limited to delivery delays or product changes. Our liability is limited to the amount you paid for the pre-order or total cost of the order.

For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

 

FREE, OR DISCOUNTED OFFERS, AND REFERRALS, BRAND PARTNERHIPS WITH THIRD PARTIES RELATED TO THE BUNDLE PACKAGE

From time to time there may be free or discounted offers available to users at our sole discretion.

Except where otherwise stated: free or discounted offers are available only once to any one person, and discounts and credits cannot be used in conjunction with any other offers.

You must have internet access and valid payment details to redeem a free or discounted offer.

You will be charged the full price for parcels after your free or discounted offer.

We reserve the right to withdraw free or discounted offers at any time and at our sole discretion. If you have paid a discounted price but the product has not been dispatched to you, you will receive a refund.

Brand partnership discount codes are a limited offer and subject to change with no notice. You must not refer or share discount codes with others. Gem&Tonic are not responsible for generating any discount codes or their redemption, products or services that are supplied for any brand partnerships offered in the bundle.

APPLICABLE LAW

Your use of the Site (and any products and/or services purchased from us) is governed by these Terms and construed and enforced in accordance with the laws of England and Wales. Any disputes and disagreements arising from or connected to your use of the Site and the goods and/or services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.

 

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it or we believe you will or might be about to breach these Terms. We may terminate or restrict your use of our service, for any reason and without prior notice

 

ASSIGNMENT

You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms. These Terms are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms without our written agreement.

NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 

THIRD-PARTY RIGHTS

Nothing in these terms and conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. 

CONTACTING US

Please submit any questions you have about these Terms or an order you have placed or ordering in general by email to hello@gemandtonic.shop

 

CHANGES

We may update our Site from time to time and may change the content at any time. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

ACCESS

Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and that they comply with them.

USE OF ACCOUNTS

If you choose, or you are provided with, user details, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user details or password or any other piece of information as part of our security procedures, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user details or password, you must promptly notify us at hello@gemandtonic.shop

We are the owner or the licensee of all intellectual property rights in our Site, and the material published on it. All of those works are protected by copyright and other intellectual property laws and treaties around the world. All rights are reserved to the relevant owner or licensee of those works.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date. Our content is also not meant to replace professional medical advice. For any health-related concerns, please consult a professional.

 

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

ACCEPTABLE USE POLICY

This policy sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this acceptable use policy. This acceptable use policy applies to all users of, and visitors to, our Site.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our Site:

• in any way that breaches the terms of use;
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to harm or attempt to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

- not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms; and

- not to access without authority, interfere with, damage or disrupt:

• any part of our Site;
• any equipment or network on which our Site is stored;
• any software used in the provision of our Site; or
• any equipment or network or software owned or used by any third party.

 

CHANGES TO ACCEPTABLE USE POLICY

We may revise this policy to reflect changes to our Site, our users' needs, our business priorities or to reflect changes in the governing law. Every time you wish to use our Site, please check this acceptable use policy to ensure you understand the terms that apply at that time. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.