Terms Of Use

What is GemSnail?

  • GemSnail is the easy to use low cost community based mineral sales website.
  • GemSnail makes buying easy, with fixed costs, each item for sale on GemSnail includes first class shipping.
  • Items sold on GemSnail are $8, $16, or $24, with no additional shipping fee.  
  • Registration is free, anyone can register, only registered users can use GemSnail.com
  • The Facebook button allows you to log in with one click!
  • There is NO listing fee on GemSnail.com, only a final value fee on sold items.
  • GemSnail moderates the items for sale, basic quality standards must be met by all sellers.
  • Sellers are rewarded with levels for quality performance, giving them more sales options.
  • Users, both buyer and seller, must use the GemSnail system to complete transactions, ordering without using the "Order" button is cause for restriction or termination of registration.
  • GEMSNAIL.com is ONLY available to residents of the United States of America.  International listings will open in February of 2013.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability Section below).
 

Our Terms of Service

Termsof Service for Buyers

 
Ordering
 
Items may be purchased using PayPal or a Credit Card.
Once payment is confirmed, your order will be sent to the Seller.
If you have a positive balance in your shopping balance, it will be applied automatically to your next order.
You may not offer sellers to pay, or make payment using any method other than through the GemSnail.com site.
You may not pay other users directly using their PayPal account. In case you have been asked to use an alternative payment method, please report it immediately here.
Avoid filing a dispute or reversing a payment through PayPal or your bank. Doing so may get your account suspended.
In case of a problem, always try and work things out with your seller. If you need further assistance, contact our customer support at Rocky@gemsnail.com
Order cancellations (when eligible) can be done by customer support only up to a period of 10 days from order completion date. We will not be able to cancel orders after that time.
 
Shipping
 
Seller is responsible for first class shipping of the item for sale, as part of the sales price.
Buyers who order from GemSnail.com will be asked to provide a shipping address to the seller.
Sellers are responsible for all shipping arrangements once the buyer supplies the shipping address.
GemSnail.com does not handle or guarantee shipping, tracking, quality and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
Tracking number is a great way to avoid disputes related to shipping. We advise for the sellers to enter the tracking number if available in the order page when delivering your work.  
 

Terms of Sevice for Sellers

 
Selling
 
Items sold have fixed commissions, 16% for each $8 item, 14% for each $16 item and 12% for each $24 item, as they sell.
Buyers pay GemSnail for orders.
GemSnail approves payments once an order is confirmed shipped. 
Sellers may withdraw their revenues using one of GemSnail.com's withdrawal options, via PayPal or a Check issued to the seller.
If an order is cancelled before shipping, or is returned within 2 days of arrival, the payment funds will be returned to the buyer.
Sellers may withdraw their revenues to a PayPal account of their choice, or have a check withdrawn, according to the terms specified below.
Seller's rating is calculated based on a number of factors, including feedback received from buyers, amount of orders, and also orders cancelled and late deliveries.
 
Levels
 
GemSnail sellers can gain account statuses (Level 1, Level 2 and Level 3) based on their activity, performance and reputation.
Each level opens up additional opportunities and tools for the sellers to extend their business. Sellers who are promoted to a higher level are required to maintain their level of service and high rating in order to keep their preferred status.
Levels are updated periodically by an automated system. Sellers who cease to maintain their high quality service, experience rating drop or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries and cancellations can cause a seller to moved to a different Level. 
 
Handling orders
 
When a buyer orders an item, the seller gets notified by Email.
Sellers are required to meet the delivery time they specified when listing their item. Failing to do so will permit the buyer to cancel the order and may harm the seller's rating.
Both buyers and sellers have the option to cancel an order by mutual agreement. Mutual cancellations have no negative effect on rating. However, excessive cancellations, of any type, have a negative effect on Levels eligibility.
Unanswered mutual cancellation requests will be automatically accepted after 48 hours, while reducing the non-responding user's rating.
A Seller may cancel an order without the buyer's consent at any given moment ("Force Cancellation"). However, this will have a negative effect on the seller's rating.
 
How to avoid problems
 
Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any uncool stuff is strictly prohibited. Doing so will get your account blocked permanently.
You are responsible to scan all transferred files for viruses and malware. GemSnail will not be responsible for any damages which might occur due to site usage, use of content or files transferred.
Sellers must deliver proof of shipping using the 'Complete Order' tab (located in the Order Page).
Responding and posting a review: once ordered the buyer has 14 days to leave feedback for the seller,  If no response is provided within the respond time, the order will be considered completed.
 
Withdrawing revenues
 
In order to withdraw your revenues, you must have an account with at least one of GemSnail’s withdrawal providers.  PayPal, or acceptance of a check issued from GemSnail.com
Revenues are only made available for withdrawal after a safety clearance period of 7 days.
Withdrawal fees vary depending on the withdrawal provider / method.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
 
General terms
 
Violation of GemSnail's Terms of Service may get your account permanently blocked.
Sellers will be able to withdraw their revenues from blocked accounts after a safety period of 45 to 90 days,
depending on the reason for blocking, from day of last cleared payment received in their account and subject to GemSnail's approval.
Disputes should be handled using GemSnail's dispute resolution tools ('Got Problems?' in the order page) or by contacting GemSnail customer support.
GemSnail reserves the right to put any account on hold or permanently cancel accounts due to breach of these terms or any illegal or inappropriate use of the site or services. 
Users with accounts on hold will not be able to sell or buy on GemSnail.
GemSnail may make changes to its Terms of Service from time to time. When these changes are made, GemSnail will make a new copy of the Terms of Service available at 
http://www.GemSnail.com/terms_of_service.
You understand and agree that if you use GemSnail after the date on which the Terms of Service have changed, GemSnail will treat your use as acceptance of the updated Terms of Service.
 
Disputes
 
We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact GemSnail's customer support department for assistance here.
GemSnail will not refund payments made for cancelled orders back to PayPal. Funds from order refunds are returned to the buyer's balance and are available for future purchases on GemSnail.
 
Limitation of Liability
 
We try to keep GemSnail and its sites, services, and tools safe, secure, and functioning properly.  You acknowledge that we cannot guarantee the continuous operation of or access to our sites, 
services, or tools.  You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside 
of our control.  You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.  
Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, 
fitness for a particular purpose, and non-infringement.  In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold GemSnail responsible, for any damages 
or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or 
indirectly from:
 
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, or tools;
Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; 
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; GemSnail reserves the right to 
modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
 
You acknowledge that we are not a traditional sales site.  Instead, our sites are venues to allow users to offer, sell, and buy just about anything rock and mineral related, at any time, from anywhere, 
at three price points, eight dollars, sixteen dollars and twenty four dollars.  We serve as a intermediate between the buyer and seller, mediating and providing payment services. 
While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, or safety of any product,
nor, the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction 
or return an item.
 
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for 
on GemSnail (b) the amount of fees in dispute not to exceed the total fees, which you 
paid to us in the 12 months prior to the action giving rise to the liability, or (c) $50