1.1. "We", "Us", "Our" refer to Coloured Rocks Ltd whereas "You" or "Your" refer to the Customer.

1.2. "Standard Delivery Service" refers to the delivery service and charge quoted on our television broadcasts, website and all other advertisements.

1.3. "Order Period" refers to the period in which orders can be added to or amended. The Order Period usually runs for 24 hours up to 2am each morning.

1.4. However, Friday, Saturday and Sunday are considered to be one Order Period, which ends at 2am on Monday morning.



2.1. The contract in respect of the products supplied by us to you is subject to these Terms and Conditions and comes into existence when we accept your order, which occurs when we despatch the goods to you. Receipt of an order by our Help Team or via our website does not constitute acceptance of an order.

2.2. All products are supplied subject to availability. In the event that we are unable to supply any product, we will inform you of this as soon as possible.

2.3. We reserve the right to refuse to accept any particular order at our sole discretion.

2.4. All prices are quoted in Pounds Sterling and are inclusive of VAT where applicable but exclude delivery charges as detailed in clause 3 below.



3.1. Our Standard Delivery Service covers the majority of UK mainland destinations, however a minority of outlying areas ('the Outlying Areas') are not covered.

3.2. We offer an alternative delivery service to the Outlying Areas and also to the Scottish Islands, the Isle of Man and Northern Ireland ('the Extended Delivery Service') but the delivery time differs from the Standard Delivery Service. We subsidise this delivery service to ensure that it is offered at the same rate as the Standard Delivery Service.

3.3. The availability of delivery can only be ascertained once your delivery address has been confirmed.

3.4. We will charge you one delivery charge per order, regardless of the quantity of products ordered. If you add to the order within the same Order Period, you will still only be charged once for delivery. Deliveries to multiple addresses will require multiple orders and multiple delivery charges.

3.5. Any date given for delivery is provided as an indication only and we will not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet an estimated delivery date.



4.1. Nothing in these Terms and Conditions excludes our liability for personal injury or death caused by our negligence.

4.2. We warrant that the goods supplied will, at the time of delivery, correspond to the description given by us, be of satisfactory quality and fit for their general purpose.

4.3. We will not be liable to you for any claims that arise out of the supply of our products to you, unless we are negligent, but we will not be liable in any event for any consequential loss, except where this is required by law.

4.4. Our entire liability shall not exceed the total value of your order, except as expressly provided in these conditions.



5.1. Whenever you buy jewellery from us you have the benefit of our "No Quibble" 30 day guarantee, which starts on the day you receive your jewellery. If for any reason you are not satisfied with a piece of jewellery, just complete the returns form enclosed with your jewellery and send the item back to us for a full refund of the item price.

5.2. To take advantage of this guarantee, you must ensure that the jewellery is returned to as new, this means that:

a) you must not remove the identification tag that is attached to the jewellery;

b) with earrings (and any other jewellery for piercings) you must not break the hygiene seal;

c) you must not have altered the jewellery - for example, we cannot accept returns of rings that have been re-sized;

d) you must return the jewellery in all its original packaging and with its original authenticity card;

e) you must ensure that the outer packaging is sufficient to protect the jewellery in transit.

5.3. You do not need to contact us prior to returning your jewellery - simply follow the instructions in the newsletter enclosed with your order, making sure you use an insured delivery method, such as Royal Mail Special Delivery.

5.4. Provided that your jewellery is received by us as new, we will process your refund within 30 days of receiving your returned jewellery.

5.5. We do not refund the cost of the original delivery charges or the return delivery charges.



6.1. If your jewellery becomes faulty within 30 days of receipt, you will be offered the choice of a refund or, if stock is still available of that particular piece, a replacement.

6.2. If your jewellery becomes faulty after 30 days but within six months of receipt, we will offer our choice of a refund, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the product.

6.3. To return faulty products to us, you will need to fill in the returns form that was sent with your jewellery and follow the instructions on it. If you no longer have the returns form, please contact our Customer Service team for instructions.

6.4. We are not liable for returned jewellery which is lost in transit, so it is important that you use an insured delivery method, such as Royal Mail Special Delivery.



7.1. Under the Distance Selling Regulations, you have the right to cancel your contract with us by informing us in writing that you wish to do so at any time during the period which commences on the day the contract comes into existence and ends on the expiry of seven working days beginning on the day after you receive delivery of the products.

7.2. In this case, you will receive a full refund of the price paid for the products within 30 days.

7.3. You must return the products to us within 21 days, in an unused and re-saleable condition with all the original packaging, and at your own cost.



8.1 If you subsequently see the exact same piece of jewellery for sale for less on any of our auction TV channels or websites and notify us immediately, we will happily credit your account with the difference between the price paid and the later price. This guarantee is for items purchased in our auctions only and does not apply where the subsequent sale is part of a clearance, or where it is the sale of seconds or ex-demo items.



9.1. Throughout the jewellery industry, many gemstones undergo some form of treatment to enhance their appearance or durability. Therefore you should assume that any gemstones you purchase from us are treated. For more details of typical treatments, please see our website.

9.2. Whilst we always endeavour to ensure the specified origin of all gemstones is accurate, as some gems are sourced already faceted we cannot always verify the reported origin.



10.1. Whenever metal weights or carat weights are quoted, these are the average for all pieces in that design.

10.2. Where we offer rings in multiple sizes, the weight will be the average across all pieces in all sizes.

10.3. Where an item is hand-made or hand-crafted, the variance between the average and any one piece may increase.



11.1. If any part or parts of these Terms and Conditions are deemed invalid, void or unenforceable, then that part or those parts will be considered severable from these terms and conditions thereby not preventing the remainder from being enforceable or effective.

11.2. These Terms and Conditions may be revised at any time and we reserve the right to do so. You are, therefore, advised to keep up to date with the contents of these terms and conditions as revisions are binding upon you.

11.3. Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or wrongly described goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen's Advice Bureau.

On our Gems TV and Gems Extra TV channels, we run a series of televised games (each, a "TV game"). A TV game will begin with a fixed quantity of an item of jewellery available for sale shown on screen. The price for the item shown on screen will fall throughout the course of the game. Our TV games are also displayed on our website under the “Watch Live TV” section – these are still TV games and these procedures and policies apply.



From game to game, the number of featured items that are available to be purchased at the final price will vary. We display this as the quantity available 'At This Price'. The quantity available 'At This Price' at the start of a particular game ("the game quantity") is an indication of how many we intend to sell in that game. It is not necessarily representative of the total number of items Gems TV may have in stock at any given time. There is no obligation on us to sell the entire game quantity; likewise we may sell more than the game quantity where there is greater demand than we anticipated and there is sufficient stock in our vault.

Therefore, we will also display the quantity of the item that we had available in our vault at the start of the game (“the vault quantity”) so you can be clear about how much stock of an item is available over all. Where an item is available in multiple styles (for example, ring sizes) we will display the total available across all styles.



Keep in mind that the Starting price in any game is merely the price that Gems TV has selected to initiate the game and does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the item(s). All on-screen prices will be stated in Pounds Sterling and include VAT at the applicable rate where appropriate.



Once a particular TV game begins, the price for the featured item will start to fall and will periodically be reduced until Gems TV, in its absolute discretion, decides to move on to the next item. We can move on to the next item before all, or any, of the game quantity has been allocated to customers. When we move on to the next item, the previous game will remain open until it is terminated (see below) and customers can continue to purchase the item at the final price if sufficient quantity is still available to be allocated.



If you see an item that you would like to bid on, you may place your bid when it reaches the price you are willing to pay. This can be done through this website or by calling the number displayed on-screen. By placing your bid - either on this website or via telephone - you agree that you are able and intend to purchase the item(s) you bid on at the final price (which may or may not be lower than the amount of your bid) - should your bid be accepted by Gems TV.



Following your bid, an item will be allocated to you either when it is placed in your basket on the website, or when you have successfully placed an order with our Help Team for the item. Once an item has been allocated to you, you will have reserved the item for purchase and you will have agreed to purchase the item - subject to Gems TV's cancellation and return policies.



Whilst a game is being displayed on TV, our producer will use their best efforts to ensure that the remaining game quantity reflects how many more opportunities exist for web bidders and telephone callers to bid for one of the remaining quantity. In doing so, they will use all the information that they have to hand including the current and historical activity on our website and telephone lines.

For various reasons, the game quantity remaining will not always be a precise representation of the exact game quantity remaining and should be treated as an indication. For example, callers may hang up before speaking to our Help Team, or may purchase multiple quantities. Our producers are trained to use their experience to make the on-screen quantity as accurate as possible, but by participating in TV games you accept that they can and will exercise their discretion and judgement to do so.



TV games terminate at the earlier of one hour from when the graphics are removed from the screen at the end of the main presentation of the item, or when we have allocated the vault quantity to customers. We may, at our discretion, display an item on screen again after the main presentation if there is still some of the game quantity available; this does not extend the length of the auction and it will still terminate in accordance with this paragraph. Games that have not yet terminated may also be displayed on our website.



The final price is the last (and lowest) price that we display prior to removing the on-screen graphics in the main presentation of a TV game. Regardless of the price at the time of your bid, you will pay the same final low bid price as all the other successful bidders if you successfully have an item allocated to you.



Where a telephone call is received after a TV Game has terminated, the bidder will not be entitled to purchase the item at the final price. However, if any allocated items are cancelled by customers, Gems TV reserves the right to (but does not obligate itself to) contact bidders who were turned away after the termination of the game in order to offer them the product at the final selling price.



The success of the TV games depends on the good faith of the participants. Gems TV tries to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the TV games. While Gems TV does have a no questions asked 30-day return policy all participants in TV games must place their bids in good faith with the intention of purchasing the item at the bid price - or at a lower price if the price continues to fall before the game ends.

In addition to displaying our TV games on our website, we also run multiple games solely on our website twenty-four (24) hours a day at www.gems.tv ("Web games"). In each of our Web games, we will offer for sale a single piece of jewellery. The game will be limited by a time clock. The general idea is that there will be a starting price in each game and that price will fall throughout the course of the game while the clock ticks closer to zero. The game will end when either (a) someone clicks to purchase the item or (b) the time clock expires. Unlike TV games where multiples of the same item are available for purchase, in Web games there is only one item available for purchase.



Keep in mind that the Starting price in any game is merely the price that Gems TV has selected to initiate the game and does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the item(s). All on-screen prices will be stated in Pounds Sterling and include VAT at the applicable rate where appropriate.



Once a particular web game begins, the price for the featured item will fall for a pre-determined period. Currently games typically run for a maximum of three minutes (unless Gems TV elects to use a longer time clock on any particular game). Gems TV reserves the right to pre-program or otherwise control the timing and amount of price reductions that occur during Web games as Gems TV, in its sole discretion, deems appropriate. Gems TV will not disclose the timing or amounts of price reductions or the amount of its pre-determined minimum selling price in advance of any web game.

If you see an item that you want, you may attempt to bid for it by clicking the appropriate button on this website at any time during the game. The first person to click on the item and confirm their intention to purchase the item will place the item in their shopping basket at the price that is displayed on the screen at the time he or she clicks on it.

If the clock reaches zero before the item is bid upon, the game will be over and you will no longer have the opportunity to purchase the item in this game. If the game ends before the item has been bid upon, please understand that there is no assurance that the item will be featured again in any future web game.

Playing this game can be a battle of nerves: The longer you wait, the lower the price goes - but the more likely someone else will bid for the item first. Once the item has been bid upon, it is no longer available and that particular game is over.



Like with TV games, the success of the web games depends on the good faith of the participants. Gems TV tries to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the TV games. While Gems TV does have a no questions asked 30-day return policy all participants in web games must place their bids in good faith with the intention of purchasing the item at the bid price.

This website is operated and managed by Coloured Rocks Limited, ("CR"). This Privacy Policy explains how we use and protect your personal information. You express your consent to this Privacy Policy by using our Site. If you have any questions about this Privacy Policy or the Site, please contact us.



This Privacy Policy describes how we handle your personal information for our services available through this website (the "Site"). By using this Site or by registering as a customer, you accept the terms of this Privacy Policy, and in doing so, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.



You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United Kingdom. Where sensitive data is stored, it is held in an encrypted form, only readable by programs that are themselves protected by password and by access point.

We may collect and store the following personal information:

• Email address, physical contact information;
• Credit/debit card information;
• Transactional information based on your activities on the Site - such as bidding, buying and content you generate or that relates to your account;
• Delivery, billing and other information you provide to purchase or deliver an item;
• Community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us;
• Computer sign-on data, statistics on page views, traffic to and from the Site, and ad data; and
• Other information, including your IP address, Browser, Operating System, Domain Name and Time and other standard web log information.

You can register as a member at no cost or obligation to you. Registering as a member requires you to enter an email address and password ("Membership Information"). We do not sell, rent or pass on your email address to any other company. We never have, and we never will. When you become a member, we assign you a Customer Number and store the date of membership. On the membership form, you may opt out of receiving any newsletters that we may send. If you do not opt out when joining, we will send newsletters to you as they are created. On each newsletter, you will be given the facility to opt out of receiving future newsletters. This information is made available to our Operational and Marketing staff. Note that all of your activities on the Site will be traceable to your Customer Number.



When entering into a sales transaction we require, in addition to the Membership Information, certain contact information. This extends your membership record to include your Name, Address and Telephone Number. This information is made available to our Operational and Marketing staff.



When goods are to be delivered, we need to have delivery details, so we will require you to provide a Delivery Name, Address and Telephone Number. This information is made available to our Operational and Marketing staff and may also be shared with any courier company that we may use for the delivery of the goods.



When paying for goods or services via credit card, we require you to enter your credit card number, expiration date, card type (MasterCard, Visa, etc.), card holder name and card security code. The credit card number is stored in an irreversibly hashed, unreadable format for fraud prevention purposes. The last four digits of the card number, the card holder name, and the card type are stored to assist in identifying which card you wish to use in the future. The credit card number and expiration date are transmitted to our credit card payment processing provider, a PCI DSS Level 1 certified facility, who store these details in encrypted format and provide us with a 'token' that we store and use to refer to the card for transactional purposes. We do not store the full credit card number in a readable format at any time. When you process a transaction with us, we will store the card security card until the transaction has been completed, at which point it will be deleted. Due to our use of the 'token' system, card information does not need to be made available to our Operational staff and it is not possible for any of our staff to obtain full credit card information.



When you place an order, we will keep a record of the type(s) of item(s) purchased, the quantity, pricing information and any delivery cost. For analysis purposes, we also store the date the order was placed and the date it was shipped. This information is made available to our Operational and Marketing staff and may be made available in summary, non-specific form to any of our business partners by way of analysis or the payment of royalties and/or licenses in the supply of such goods. At the end of placing the order, we may ask you to enter certain simple items of marketing information to help us develop our business. You may elect to not enter this information.



Our primary purposes in collecting personal information are to allow for payment by credit or debit card while providing you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

• Provide the services and customer support you request;
• Resolve disputes, collect fees, and troubleshoot problems;
• Prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions of Sale and policies;
• Customise, measure, and improve our services and the Site's content and layout;
• Tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and
• Compare information for accuracy, and verify it with third parties

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.

We may also share your personal information with:

• Members of our corporate family to help detect and prevent potentially illegal acts and provide joint services (our corporate affiliates will market only to users who request these services);
• Service providers under contract who help with our business operations, such as fraud investigations, bill collection, order fulfilment, shipping, affiliate and rewards programs and co-branded credit cards;
• Other third parties to whom you explicitly ask us to send your information or about whom you are otherwise explicitly notified and consent to when using a specific service;
• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity - in which cases we will disclose name, city, telephone number, email address, User ID history, fraud complaints and bidding history.

We use "cookies" (small files placed on your hard drive) on certain pages of the Site to reference information stored on our server, such as member details and any preferences, in order to improve your browsing experience. Cookies are also used to track user's behaviour on our Site for analysis purposes, so that we may work towards offering a better service to our customers. Third party referrals to our Site, from either their web site, from a dedicated link elsewhere, or from a printed URL are recorded using a cookie, which enables us to pay any commissions due to the referrer for your visit to our Site. Cookies are stored in the server logs and their contents are stored in the Site's database. Browsing behaviour, in anonymous form, may be made available to our Marketing and Operational staff and may be relayed to any business party in the interests of improving our services. We do not profile individual customers using cookies.

A few important things you should know about cookies are that:

• We offer certain features that are only available through the use of cookies;
• We use cookies to help identify you and maintain your signed-in status;
• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session;
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Site; and
• In the event that we host any third party content on this website, you may encounter cookies from third parties on certain pages of this website that we do not control.

From time to time, we may invite you to take part in Surveys, Questionnaires or a Competition. These will obviously take different forms, but will all involve the capture of answers and other personal information - typically name and email address. Competition entries will be made available to our Operational staff so that winners may be selected. Other information will be made available in summary form to our Operational and Marketing staff. Such information may be made available to business partners, particularly where a third party is organizing or sponsoring the event. If this is the case, you will be made aware of the arrangement and in what form your data is to be passed on.



Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify CR and change your password.



You can see, review and change most of your personal information by logging into the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Should you so wish, and upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any monies owed, resolve disputes, troubleshoot problems, assist with any investigations, and take other actions otherwise permitted by law.



We take the issue of security very seriously. We have established security measures throughout our Site as a way to protect our information and facilities, and in so doing we protect your information. Where personal information is entered on and transmitted to our Site, this is done using Secure Sockets Layer (SSL or https) encryption technology. All of our operational and administration facilities have tightly restricted access to protect your privacy. Access to these facilities is only available over a Virtual Private Network which uses high levels of access restriction and encryption. In addition to this, sensitive information is stored in an encrypted form. Our employees are aware of their responsibility to protect your personal information.

While we treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure, there is a possibilty that third parties may unlawfully intercept or access transmissions or private communications.



Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. We will never sell personal information or share any personal information with third parties that are unrelated to us. Data which has been aggregated from information - so that it is expressed in a broad, non-personal manner - may be relayed to third parties from time to time in order to better serve our customers.



Our site may contain links to other web sites. Please note that when you click on one of these links, you are clicking to another web site. We strongly advise you to read the Privacy Policy of these linked web sites as it may well differ from our own. Once you leave our website and enter another website, we cannot be responsible for the privacy or protection of any information you transmit or provide.



We make every effort to ensure the accuracy of our Site, both in its operation and its content. If you discover any errors or omissions, please email the details to: help@gems.tv.



We reserve the right to change our Privacy Policy from time to time as the business evolves. Where a revision is made to the policy the revised policy will be posted to our Site. Such changes to our Privacy Policy automatically shall become effective immediately upon posting the changes on our website.



You express your consent to this Privacy Policy by using our Site. You consent to the collection and use of this information as provided above. If you have any questions about this Privacy Policy or the Site, please contact help@gems.tv, telephone the Help Team at 0845 370 0660 or write to:

Coloured Rocks Limited
Eagle Road Studios
Eagle Road
Redditch
B98 9HF