Terms & Conditions

Agreement to Terms

These Terms & Conditions govern your access to and use of this website and any purchase of products from GEM COLORADOS LLC (“Company,” “we,” “us,” “our”). By visiting, browsing, or purchasing from this website, you agree to be bound by these Terms & Conditions and our other posted policies (Refund Policy, Shipping Policy, Privacy Policy, Cookie Policy). If you do not agree, do not use the website or purchase products.

Eligibility and Intended Markets

Our primary sales countries are the United States and Canada. You represent that you are legally able to enter into this agreement and that any information you provide is accurate and complete.

Products, Content, and Availability

Product descriptions, images, and other content are provided for general information. We work to display products accurately, but we do not warrant that descriptions, images, colors, or other content are error-free. Product availability may change without notice. We may limit quantities, refuse service, or cancel orders at our discretion, including in cases of suspected fraud or pricing/availability errors.

Pricing, Currency, Taxes, and Customs

All prices are shown in USD. Taxes are included where applicable. Currency conversion may occur depending on your payment method or issuer. For international shipments, customs duties (if any) are covered by the Company.

Payment Methods

We accept Apple Pay, Google Pay, Shop Pay, PayPal, and major cards including Visa, Mastercard, and American Express. We do not offer installment payments. Your payment may be subject to authorization and fraud checks.

Order Acceptance and Cancellation

Your order is an offer to purchase. We may accept or decline any order for any reason, including suspected fraud, verification issues, inventory constraints, shipping limitations, or policy violations. If we cancel an accepted order, we will issue a refund to the original payment method.

Shipping and Delivery

Shipping terms are governed by our Shipping Policy. Estimated delivery times are not guaranteed. Title and risk of loss pass to you upon delivery to the carrier to the extent permitted by law; however, if an item is lost or undelivered, our Shipping Policy explains the remedies available.

No Pre-Orders

We do not offer pre-orders.

Returns and Refunds

Returns and refunds are governed by our Refund Policy. Some items may be ineligible for return (including used products and personalized items).

Fraud Prevention and Account Security

We reserve the right to implement fraud-prevention measures, including identity verification, address verification, order review, and cancellation of suspicious orders. You agree not to use the website for unlawful activity and not to interfere with security-related features. You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account.

Chargeback Protection

Before initiating a chargeback, you agree to contact us at support@empireclubcs.com so we can attempt to resolve the issue. We may dispute chargebacks that are fraudulent, abusive, or inconsistent with our policies, and we may provide transaction evidence, delivery/tracking data, and customer communications to payment processors and financial institutions. Excessive or abusive chargebacks may result in account restrictions or refusal of future service.

Intellectual Property

All website content, including text, graphics, logos, images, and designs, is owned by or licensed to the Company and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without written permission, except for personal, non-commercial use as permitted by law.

Prohibited Conduct

You agree not to misuse the website, including by attempting unauthorized access, transmitting malware, scraping in violation of applicable rules, submitting false information, using the website for illegal purposes, or infringing third-party rights.

Disclaimer of Warranties

To the maximum extent permitted by law, the website and products are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, the Company and its affiliates, owners, managers, employees, agents, and service providers will not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the website or purchase/use of products, even if advised of the possibility of such damages. To the extent liability cannot be excluded, the Company’s total liability for any claim will not exceed the amount you paid for the specific order giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, owners, managers, employees, agents, and service providers from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the website, or your violation of any law or third-party rights.

Governing Law and Exclusive Jurisdiction

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Subject to the arbitration section below, you agree that the state and federal courts located in Florida will have exclusive jurisdiction over any dispute and you consent to personal jurisdiction and venue in those courts.

Mandatory Arbitration

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the website, or any transaction with the Company will be resolved by final and binding arbitration on an individual basis, rather than in court. The arbitration will be conducted in English by a neutral arbitrator. The arbitrator may award the same remedies a court could award on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending completion of arbitration.

Class Action Waiver

To the maximum extent permitted by law, you agree that disputes will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any purported class or representative proceeding.

International Shipping Disclosure

We use international dropshipping from Europe and Asia. Delivery times may vary and are not guaranteed. By placing an order, you acknowledge that fulfillment may occur from outside your country.

Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting on the website. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our posted policies, constitute the entire agreement between you and the Company regarding your use of the website and purchases from the Company.

Contact

For questions about these Terms, contact support@empireclubcs.com.