Terms of service

Welcome to Drink Gems, LLC (the “company,” “we,” “us,” or “our”). By accessing or using our website (the “Site”), purchasing products from our online store, or using any of our services, you agree to be bound by the Terms of Service (“Terms”) stated in this Terms of Service Agreement (the “Agreement”). Please read these Terms carefully before using our services.

1. Acceptance of Terms
By accessing or using the Site, you agree to comply with and be bound by these Terms, as well as our Privacy Policy, attached as Exhibit A, and incorporated by reference. If you do not agree with these Terms, you should not use the Site.

2. Eligibility
To use the Site, you must be at least 18 years old or have the legal capacity to form a binding contract in your jurisdiction. By using the Site, you represent and warrant that you meet these eligibility requirements.

3. Account Registration
Account Creation: You may be required to create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Information: You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.

Account Termination: We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms.

4. Products and Pricing
Product Descriptions: We strive to provide accurate descriptions of the products available on the Site. However, we do not warrant that the product descriptions are complete, current, or error-free.

Pricing: Prices for products are subject to change without notice. We reserve the right to modify or discontinue products at any time without prior notice.

Orders: We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or any other issue.

5. Payment
Payment Methods: We accept Visa, Master Card, American Express, Discover, Shop Pay, Pay Pal, Google Pay.

Billing Information: You agree to provide accurate payment information and authorize us to charge your payment method for the total amount of your order, including applicable taxes and shipping fees.

Payment Disputes: If you believe there has been an error in billing, please contact us immediately at hello@drinkgems.com. We will investigate and resolve the issue as promptly as possible.

6. Shipping and Delivery
Shipping: We ship products to the United States. Shipping times and costs are outlined at checkout.

Delivery: Estimated delivery times are provided for your convenience but are not guaranteed. We are not responsible for delays caused by shipping carriers or other circumstances beyond our control.

Risk of Loss: The risk of loss and title for products purchased pass to you upon delivery to the carrier.

7. Returns and Refunds
Return Policy: We do not accept returns, refunds or exchanges.

8. User Conduct
You agree to use the Site in accordance with all applicable laws and regulations. You agree not to:

- Engage in any unlawful or fraudulent activity.
- Interfere with the operation of the Site or the servers hosting the Site.
- Post or transmit any harmful, threatening, defamatory, obscene, or otherwise objectionable content.

9. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Drink Gems, LLC or its licensors and is protected by intellectual property laws. You may not use any content from the Site without our express written permission.

10. Limitation of Liability
To the fullest extent permitted by law, Drink Gems, LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or the purchase of products from the Site.

11. Indemnification
You agree to indemnify, defend, and hold harmless Drink Gems, LLC its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site or any violation of these Terms.

12. Governing Law
These Terms and any disputes arising out of or related to the Site or your purchase of products shall be governed by and construed in accordance with the laws of Delaware without regard to its conflict of law principles.

13. Litigation
Waiver of Jury Trial: Each party hereby waives any right to a jury trial in any legal proceeding arising out of or related to this Agreement.

Mandatory Arbitration: Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Manhattan Beach, California before a single arbitrator. The arbitration shall be administered by an arbitration organization chosen by the company, in its sole discretion, pursuant to its rules and procedures.

Class Action Waiver: All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available, and claims of more than one customer cannot be arbitrated or consolidated with those of any other customer.

Costs and Attorneys’ Fees: Each party shall bear its own costs and attorneys’ fees arising from any dispute, except as otherwise required by law.

Time Limit to Bring Claims: Any claim arising from or related to this Agreement must be filed within seven days after the cause of action arises, or such claim shall be forever barred.

Severability: If any provision of this clause is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

14. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after such changes constitutes your acceptance of the new Terms.

15. Notice
All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, by email, or by registered or certified mail, return receipt requested, and postage prepaid, to the following address:

Email:
Hello@drinkgems.com

Address:
Drink Gems, LLC
2711 North Sepulveda Boulevard, #226
Manhattan Beach CA 90266,
United States