Terms & Conditions
Effective date: July 1, 2025
Company: Gemmintly ("Gemmintly," "we," "us," or "our")
Website: gemmintly.shop (the "Site")
Contact: contact@gemmintly.shop | +1 (408) 297-2615
Address: 859 W Knickerbocker Dr, Sunnyvale, CA 94087, USA
These Terms & Conditions ("Terms") govern your access to and use of the Site and any products, content, and services we provide (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1) Eligibility & Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to make purchases. If you are 13–17, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Promptly notify us of any unauthorized use.
2) Orders, Pricing & Availability
Offer & acceptance. Placing items in your cart does not reserve or guarantee availability. Your order is an offer to buy; we accept only when we send an order confirmation or ship the products.
Pricing. Prices are listed in U.S. dollars unless stated otherwise. We may correct pricing or availability errors at any time. If your order includes an obvious error, we may cancel and refund.
Taxes & duties. You are responsible for any applicable sales taxes, VAT, customs duties, and import fees. We may estimate taxes at checkout and adjust based on your delivery address and laws.
Limits. We may limit quantities, refuse or cancel any order, and restrict shipping destinations at our discretion (e.g., to prevent scalping or comply with distributor policies).
3) Payments
We accept payment methods shown at checkout and use third‑party processors to handle transactions. By submitting a payment, you represent you are authorized to use the method and authorize the total charge, including taxes, shipping, and any added services.
Chargebacks & disputes. If you initiate a chargeback without first contacting us to resolve an issue, we may suspend or terminate your account. We may provide transaction evidence to the payment provider.
Title to products transfers to you upon our receipt of payment and risk of loss transfers to you upon delivery to the carrier (FOB origin), except where prohibited by law.
4) Shipping, Delivery & Risk of Loss
We ship to the address you provide. Delivery dates are estimates and not guaranteed. Carrier delays, customs inspections, weather, strikes, or other events outside our control may affect timelines.
Lost or damaged parcels. Report issues promptly. We will assist with carrier claims and, where applicable, ship replacements or provide refunds according to our policies.
Pre‑orders & allocations. Release dates and allocations are set by manufacturers/distributors and may change. Pre‑orders are filled in the order received and may be partially fulfilled or canceled if supply is reduced; you will be notified and refunded for any unfulfilled portion.
5) Product Descriptions, Condition & Randomization
Sealed products. Contents of sealed boxes/packs are random. Odds and chase inserts are determined by the manufacturer and not guaranteed by us. Images may be representative.
Singles & graded cards. Condition descriptions (e.g., Near Mint, Lightly Played) are good‑faith assessments following common TCG conventions. Grades assigned by third‑party graders (e.g., PSA, BGS, CGC) are their opinion; encapsulation does not guarantee future grade outcomes or investment value.
Authenticity. We stand behind authenticity of products we sell. Contact us immediately if you believe an item is not authentic.
Breaks/Livestreams (if offered). Spots, teams, or packs allocated during breaks are assigned per the stated rules. Break sales are final once the break begins. Video/recordings may be published on our channels.
6) Cancellations, Returns & Refunds
Cancellations. You may request cancellation before shipment; approval is not guaranteed. Pre‑order cancellations may be subject to a fee to cover non‑recoverable costs.
Return window. Unless stated otherwise on the product page, unopened sealed products may be returned within 14 days of delivery; singles and opened products are generally not returnable due to condition sensitivity and market volatility. This does not affect any non‑waivable consumer rights you have under applicable law.
Return condition. Returned products must be in original condition with all accessories. You are responsible for return shipping unless the return is due to our error.
Refunds are issued to the original payment method after inspection. Shipping fees are non‑refundable unless the return is due to our error.
For full details, see our Returns/Refunds policy page if provided on the Site. If differences exist, the policy page supersedes this summary.
7) Promotions, Gift Cards & Loyalty
Promotions, coupons, and loyalty rewards are subject to their specific terms and may not be combined. We may modify or end promotions at any time.
Digital gift cards are non‑refundable (except as required by law) and redeemable only on the Site. Lost or stolen cards will not be replaced.
8) User Content & Community Guidelines
You may submit reviews, photos, messages, or other content ("User Content"). You grant Gemmintly a non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify, publish, and display your User Content in connection with the Services and marketing.
Do not post illegal, infringing, deceptive, hateful, or harassing content; do not impersonate others or disclose private information. We may remove User Content at our discretion.
If you believe content infringes your rights, contact us with details (see Section 19 – Notices). For U.S. copyright claims, see the DMCA section below.
9) Acceptable Use
You agree not to:
Use the Services for unlawful purposes or in violation of any applicable law or regulation;
Interfere with or disrupt the integrity or performance of the Services, including by introducing malware or scraping without permission;
Attempt to gain unauthorized access to accounts, systems, or networks;
Misrepresent your identity or affiliation, or engage in fraudulent or deceptive practices (including market manipulation around singles pricing);
Resell, export, or divert products in violation of distributor restrictions or applicable trade laws.
10) Ownership & Intellectual Property
The Services and all content, trademarks, logos, and other materials displayed on the Site (excluding User Content and third‑party marks) are owned by or licensed to Gemmintly and are protected by intellectual property laws. You may not use our marks without our prior written permission.
Third‑party marks (e.g., Pokémon®, Magic: The Gathering®, Yu‑Gi‑Oh!®) are the property of their respective owners. Gemmintly is not affiliated with, endorsed by, or sponsored by those rights holders.
11) Software & License
Subject to these Terms, we grant you a limited, revocable, non‑transferable license to access and use the Site for personal, non‑commercial purposes. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Site or its software except as allowed by law.
12) Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information. Please review it carefully.
13) Errors, Feedback & Changes to the Services
We do our best to ensure accuracy, but the Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, or availability. We reserve the right to correct and to change or update information at any time without prior notice.
We may modify, suspend, or discontinue any part of the Services. We are not liable for any modification, price change, suspension, or discontinuance.
14) Disclaimers
AS IS. Except as expressly stated, the Services and all products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. To the extent permitted by law, we do not warrant that the Services will be uninterrupted, secure, or error‑free, or that defects will be corrected.
15) Limitation of Liability
To the fullest extent permitted by law, Gemmintly and its officers, directors, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenues, or data, arising out of or related to your use of the Services or purchase/use of products, even if advised of the possibility. Our aggregate liability for any claim will not exceed the amount you paid to Gemmintly for the product(s) or $100, whichever is greater. Some jurisdictions do not allow certain limitations; your rights may vary.
16) Indemnification
You agree to defend, indemnify, and hold harmless Gemmintly and our affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any law or third‑party rights.
17) Governing Law; Venue
These Terms are governed by the laws of the State of California and the United States, without regard to conflict‑of‑laws rules. Except where prohibited, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for disputes that are not subject to arbitration (see below).
18) Dispute Resolution; Arbitration; Class Action Waiver (U.S.)
Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration and limits the manner in which relief can be sought.
Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that you or we may bring claims in small claims court if eligible.
Class and jury trial waiver. You and Gemmintly agree to resolve disputes only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. Jury trial is waived.
Opt‑out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing contact@gemmintly.shop with subject line “Arbitration Opt‑Out” and your account email, name, and address.
This section does not limit any rights you may have under non‑waivable consumer protection laws.
19) Notices; DMCA
Notices to you may be sent via email, posted on the Site, or by mail to your billing/shipping address.
Notices to us should be sent to contact@gemmintly.shop and to our postal address above.
DMCA. If you believe content on the Site infringes your copyright, send a notice to our Copyright Agent at contact@gemmintly.shop with the following: (i) your physical/electronic signature; (ii) identification of the copyrighted work; (iii) identification of the infringing material and its location; (iv) your contact information; (v) a statement that you have a good‑faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on the owner’s behalf.
20) International Users
We primarily operate from the United States. You are responsible for complying with local laws, including those regarding e‑commerce, consumer protection, taxes, and import restrictions.
21) Termination
We may suspend or terminate your access to the Services at any time for any reason, including violation of these Terms. Upon termination, the license granted to you under these Terms ends. Sections that by their nature should survive (e.g., ownership, disclaimers, limitations, indemnification, governing law, dispute resolution) will survive.
22) Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Site and updating the "Effective date." Your continued use of the Services after changes become effective constitutes acceptance.
23) Entire Agreement; Miscellaneous
These Terms, together with any policies or terms referenced herein (including the Privacy Policy and any product‑specific terms), form the entire agreement between you and Gemmintly regarding the Services and supersede any prior agreements. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
24) Contact
Gemmintly
859 W Knickerbocker Dr
Sunnyvale, CA 94087, USA
Email: contact@gemmintly.shop
Phone: +1 (408) 297-2615