Terms of Service
OVERVIEW
Welcome to Tormik Gems. The terms “we,” “us,” “our,” and “Tormik Gems” refer to Tormik Gems.
Tormik Gems operates this online store and website, including all related information, content, features, functionality, tools, products, and services made available through the website (collectively, the “Services”).
The Services are operated using the Shopware e-commerce platform and related software technologies, which provide the technical infrastructure and functionality used to operate our online store. Tormik Gems independently manages its products, pricing, orders, customers, payments, shipping, and other commercial activities.
These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.
Please read these Terms of Service carefully. They contain important information concerning your legal rights and obligations, including warranty disclaimers, limitations of liability, intellectual property rights, orders, payments, shipping, and use of the Services.
By visiting, accessing, browsing, creating an account, placing an order, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable in your place of residence and that you have the legal capacity to enter into a binding agreement.
To use certain features of the Services, including creating an account or purchasing products, you may be required to provide information such as your name, email address, billing information, payment information, telephone number, and shipping address.
You represent and warrant that all information you provide to us is accurate, current, complete, and that you have the necessary rights to provide such information.
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
You may not sell, transfer, assign, sublicense, or otherwise provide your account to another person without our prior written consent.
We reserve the right to suspend, restrict, or terminate accounts where we reasonably believe that an account has been used fraudulently, unlawfully, abusively, or in violation of these Terms.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, specifications, photographs, dimensions, colors, prices, availability, and other product information displayed through the Services are accurate.
However, colors and visual appearance may vary depending on your monitor, display, browser, device settings, and other technical factors.
For natural gemstones, minerals, crystals, and specimens, individual characteristics such as color, pattern, inclusions, matrix, transparency, texture, shape, and surface features may naturally vary.
Where applicable, photographs are intended to represent the actual specimen or product being offered. Minor differences in appearance may nevertheless occur due to photography, lighting, display technology, and image processing.
We reserve the right to modify product descriptions, specifications, prices, availability, or other information at any time without prior notice.
We may discontinue products or limit quantities available for purchase at our discretion and subject to applicable law.
SECTION 3 — ORDERS
When you place an order through the Services, you submit an offer to purchase the selected products under these Terms.
Receipt of an order does not necessarily constitute acceptance of that order.
Tormik Gems reserves the right to accept, reject, modify, or cancel an order where permitted by applicable law, including in cases involving incorrect pricing, inaccurate product information, suspected fraud, product unavailability, payment problems, or technical errors.
An order becomes binding when Tormik Gems confirms its acceptance or otherwise processes the order in accordance with applicable law.
We may contact you using the email address, telephone number, billing address, or other contact information provided with your order if we need additional information or if an order must be modified or cancelled.
Your purchase is subject to our applicable Refund, Return, and/or Cancellation Policy.
You are responsible for reviewing your order carefully before submitting it.
Unless expressly agreed otherwise, products purchased through the Services are intended for personal or household use and not for unauthorized commercial resale.
SECTION 4 — PRICES AND BILLING
All prices displayed through the Services are subject to change without notice, except where otherwise required by applicable law.
The price applicable to your purchase is the price displayed at the time your order is placed, subject to correction of obvious errors and applicable legal requirements.
Unless expressly stated otherwise, prices may not include shipping costs, customs duties, import charges, taxes, or other applicable fees.
Where applicable, taxes and other charges will be displayed during the checkout process or otherwise communicated to you before completion of your purchase.
Promotions, discounts, vouchers, and special offers may be subject to additional terms and conditions.
If there is a conflict between the terms of a specific promotion and these Terms of Service, the specific promotional terms will apply to the extent of that conflict.
You agree to provide accurate and complete billing, payment, and account information for all purchases.
You are responsible for ensuring that the payment method used for your purchase is valid and that you are authorized to use it.
We reserve the right to refuse or cancel transactions where permitted by law, including transactions that appear fraudulent or unauthorized.
SECTION 5 — SHIPPING AND DELIVERY
We ship products to the destinations and under the conditions made available during checkout.
Shipping and delivery times are estimates unless expressly stated otherwise.
Actual delivery times may be affected by circumstances outside our reasonable control, including shipping carrier delays, customs processing, import procedures, weather, natural disasters, strikes, governmental restrictions, technical disruptions, or other force majeure events.
Where applicable, international customers are responsible for complying with import requirements and for paying customs duties, import taxes, brokerage charges, or other fees imposed by the destination country.
Responsibility for loss or damage during transportation shall be determined in accordance with applicable consumer and commercial law.
Nothing in these Terms is intended to exclude or limit mandatory statutory rights relating to delivery, risk, ownership, or consumer protection.
SECTION 6 — INTELLECTUAL PROPERTY
All content made available through the Services, including but not limited to:
trademarks and logos;
brand names;
product names;
photographs;
product images;
graphics;
illustrations;
text;
descriptions;
videos;
audio;
software;
website layouts;
designs;
page structures;
databases;
product reviews;
original marketing materials; and
the selection and arrangement of such materials
is owned by or licensed to Tormik Gems or its respective licensors and is protected by applicable intellectual property laws.
You may access and use the Services for personal and lawful purposes.
Except where expressly permitted by law or by written authorization from Tormik Gems, you may not reproduce, copy, distribute, modify, publish, transmit, sell, license, create derivative works from, publicly display, or commercially exploit any material obtained through the Services.
Nothing in these Terms grants you ownership of or any license to Tormik Gems' intellectual property except for the limited right to access and use the Services in accordance with these Terms.
Tormik Gems' names, logos, product names, designs, and slogans may constitute trademarks of Tormik Gems or their respective owners.
All rights not expressly granted are reserved.
SECTION 7 — THIRD-PARTY SERVICES AND TOOLS
The Services may use or provide access to third-party services, integrations, payment providers, shipping services, analytics services, communication services, authentication services, or other external technologies.
Such third-party services may operate independently from Tormik Gems.
Where third-party services are used, their availability and operation may be subject to their own terms, conditions, privacy policies, and technical requirements.
To the extent permitted by applicable law, Tormik Gems is not responsible for the independent operation, availability, security, content, or policies of third-party services.
We may introduce additional features, integrations, tools, or services in the future. Any such features may become part of the Services and may be subject to these Terms unless separate terms are provided.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites, services, applications, or resources operated by third parties.
These links are provided for convenience and do not necessarily constitute an endorsement or recommendation by Tormik Gems.
Tormik Gems does not control third-party websites and is not responsible for their content, availability, security, accuracy, privacy practices, terms, products, or services.
If you access a third-party website or service through a link provided on our website, you do so at your own risk.
Any transactions or interactions you conduct with third parties are subject to the terms and policies of those third parties.
SECTION 9 — SHOPWARE AND TECHNICAL INFRASTRUCTURE
Tormik Gems uses Shopware as part of the technical infrastructure for operating its online commerce environment.
Shopware provides e-commerce software and technical functionality that may support elements of the Services, including product management, shopping cart functionality, checkout, customer accounts, order processing, and other e-commerce functions.
However, purchases made through the Services are transactions directly between you and Tormik Gems.
Tormik Gems is responsible for the products and services it offers, its commercial terms, order fulfilment, customer support, and other obligations arising from transactions with customers.
Shopware is not the seller of products offered by Tormik Gems and is not a party to individual purchase agreements between you and Tormik Gems.
Nothing in these Terms creates a contractual relationship between you and Shopware in relation to your purchase of products from Tormik Gems, except where such a relationship may arise independently under applicable law or a separate agreement.
SECTION 10 — PRIVACY POLICY
Personal information collected through the Services is processed in accordance with our Privacy Policy.
By using the Services, you acknowledge that you have reviewed the Privacy Policy and understand how your information may be collected, used, stored, and processed.
Tormik Gems may use service providers and technical partners to operate its online store, process payments, deliver orders, provide customer support, communicate with customers, maintain security, analyze website usage, and provide other necessary services.
Certain information may therefore be processed by third-party service providers acting on our behalf or independently under their own legal and privacy frameworks.
Where personal information is transferred internationally, we will take appropriate measures as required by applicable data-protection law.
For further information regarding the collection and processing of personal information, please refer to our Privacy Policy.
SECTION 11 — CUSTOMER FEEDBACK AND USER CONTENT
If you voluntarily submit, upload, publish, email, or otherwise provide reviews, comments, suggestions, ideas, photographs, testimonials, proposals, or other content to Tormik Gems (collectively, “Feedback”), you grant Tormik Gems a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, distribute, translate, display, and otherwise use that Feedback for lawful business purposes, including operating, improving, marketing, and promoting the Services.
You represent and warrant that:
you own or otherwise have the necessary rights to submit the Feedback;
the Feedback does not infringe the rights of another person;
the Feedback does not violate applicable law;
the Feedback does not contain malicious software or harmful code; and
the Feedback is not knowingly false, fraudulent, defamatory, threatening, abusive, obscene, or unlawful.
We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
We may remove or refuse to publish Feedback where we reasonably determine that it violates applicable law, these Terms, intellectual property rights, or other applicable policies.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information presented through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping costs, delivery estimates, specifications, or other information.
We reserve the right to correct errors, update information, change product information, or cancel affected orders where permitted by applicable law.
Where an error materially affects an order you have placed, we will take reasonable steps to notify you and provide any rights or remedies required by applicable law.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
for any unlawful, fraudulent, malicious, or abusive purpose;
to violate applicable laws or regulations;
to infringe intellectual property or other rights of Tormik Gems or any third party;
to harass, threaten, abuse, defame, or harm another person;
to submit false or misleading information;
to impersonate another person or entity;
to interfere with the operation or security of the Services;
to distribute malware, viruses, malicious code, or other harmful technologies;
to conduct unauthorized scraping, crawling, harvesting, or extraction of website data;
to collect personal information belonging to other users without authorization;
to send spam, phishing messages, fraudulent communications, or other unsolicited communications;
to circumvent authentication, access-control, security, or technical restrictions;
to attempt to gain unauthorized access to systems, databases, accounts, or infrastructure;
to reproduce, resell, or commercially exploit substantial portions of the Services without authorization; or
to engage in any activity that may reasonably cause harm to Tormik Gems, its customers, service providers, systems, or other users.
We reserve the right to suspend or terminate access where we reasonably believe that a user has violated these Terms or applicable law.
SECTION 14 — AUTOMATED ACCESS AND AGENTS
14.1 Applicability
This section applies to software, bots, crawlers, agents, automated systems, AI systems, or other technologies that access or interact with the Services automatically or semi-automatically (“Agents”).
14.2 Authorized Access
Agents may access or interact with the Services only where such access is permitted by applicable law and by the technical and access-control policies implemented by Tormik Gems.
14.3 Restrictions
We may limit, restrict, block, or technically control automated access to the Services where reasonably necessary to protect the Services, our infrastructure, our customers, our content, or our commercial interests.
14.4 Agent Identification
Where technically applicable and legally required, automated systems accessing our Services should identify themselves accurately and should not intentionally disguise automated activity as human activity.
Agents must not:
bypass CAPTCHA or other anti-automation mechanisms;
circumvent robots.txt or other access restrictions;
evade rate limits or security controls;
misrepresent their identity;
attempt unauthorized data extraction; or
interfere with the normal operation of the Services.
Nothing in this section prohibits lawful search-engine indexing, accessibility technologies, authorized integrations, or other activities expressly permitted by Tormik Gems.
SECTION 15 — TERMINATION
We may suspend or terminate your access to the Services where permitted by applicable law, including where you violate these Terms, engage in fraudulent activity, misuse the Services, or create a security or legal risk.
Termination of access does not affect rights or obligations that arose before termination.
The following sections, to the extent applicable, shall survive termination:
Intellectual Property;
Feedback;
Termination;
Disclaimer of Warranties;
Limitation of Liability;
Indemnification;
Severability;
Waiver;
Entire Agreement;
Assignment;
Governing Law;
Privacy Policy; and
any other provisions that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, information provided through the Services is made available for general informational and commercial purposes.
We make reasonable efforts to maintain accurate and reliable information but do not guarantee that all information will always be complete, current, accurate, or error-free.
The Services are provided subject to availability and may occasionally be unavailable due to maintenance, technical problems, security incidents, hosting issues, network failures, or circumstances outside our reasonable control.
Nothing in these Terms excludes or limits warranties, guarantees, consumer rights, or statutory protections that cannot legally be excluded or limited.
To the extent permitted by applicable law, we disclaim implied warranties or conditions that are not expressly provided by us.
SECTION 17 — LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Tormik Gems and its owners, employees, contractors, affiliates, service providers, and licensors shall not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of the Services.
This may include, where legally permissible, loss of profits, loss of revenue, loss of business opportunities, loss of data, or other economic losses.
However, nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability arising from intentional misconduct, gross negligence, death or personal injury where applicable, fraudulent conduct, or mandatory consumer-protection provisions.
For consumers, statutory rights and remedies that cannot legally be waived remain unaffected.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Tormik Gems, its owners, employees, contractors, service providers, affiliates, and licensors from claims, losses, damages, liabilities, and reasonable expenses arising from:
your material breach of these Terms;
your unlawful use of the Services;
your violation of the rights of another person or entity;
fraudulent or unauthorized activity conducted through your account; or
content you submit that infringes the rights of another party.
This section does not apply to the extent that such indemnification would be prohibited by applicable consumer-protection law.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law.
The invalid or unenforceable portion shall be deemed severed to the extent necessary, and the remaining provisions shall remain in full force and effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with the policies and documents expressly incorporated by reference, constitute the entire agreement between you and Tormik Gems concerning your use of the Services, except where additional agreements apply to specific products, services, promotions, or transactions.
These Terms supersede prior versions concerning the same subject matter.
SECTION 21 — ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.
Tormik Gems may assign or transfer its rights and obligations under these Terms in connection with a business transfer, restructuring, merger, acquisition, sale of assets, or similar transaction, subject to applicable law.
SECTION 22 — GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws applicable to Tormik Gems and its place of establishment, subject to mandatory consumer-protection laws applicable to customers in their country of residence.
Where legally permissible, disputes shall be subject to the jurisdiction of the competent courts having jurisdiction over Tormik Gems' place of establishment.
Nothing in this section limits mandatory rights that consumers may have under the laws of their country or region.
SECTION 23 — HEADINGS
The headings used in these Terms are provided for convenience only and do not affect the interpretation or meaning of any provision.
SECTION 24 — CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page.
We reserve the right to update, modify, or replace these Terms from time to time.
Where required by applicable law, we will provide notice of material changes and specify when such changes become effective.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.
If you do not agree with an updated version of these Terms, you should discontinue use of the Services.
SECTION 25 — CONTACT INFORMATION
If you have questions regarding these Terms of Service, please contact us.
Tormik Gems
Email: info@tormikgems.com
Business Address:
Braskoor P/O Box
Tormik, Roundu
Skardu, Gilgit-Baltistan
Pakistan
Business WhatsApp: +92 348 5949959
Website: TormikGems.com
