DOMINION GEMS SALES POLICY, TERMS, & RETURNS

 

Acceptance of Terms:  By using this website and online shop, you fully accept and agree to our Website Terms of Use,  the Privacy Policy, and this Sales/Terms Policy.  Should you purchase any items from us, or request our services/products, you are entering into a legally binding contract with us.

 

ORDERING SPECIMENS and SERVICES:

 

Please note:

**We reserve the right to refuse sales of any items or services to anyone for good cause.**

**Terms of Sale vary by item or service (see below)**

 

 

PAYMENT OPTIONS 

 Payment for orders made through the website are by credit card, through our secure payment system via Paypal.   We can  accept Mastercard, Visa, Discover, and other major credit cards in person at a show or venue by using Square, or by phone/email.  We can also accept Certified Cashier Checks or Personal Checks but please contact us before placing your order if you prefer to pay by check.  Wire transfers can be arranged for purchases of US$500.00  or more.  Certain stones/specimens may require bank wire transfer for sale.  Also, due to recent increased fraud activity of buyers in the gem world (buying and receiving stones using a credit card and then claiming the transaction was fraudulent), if you want to pay via credit card over the phone, we will require an email from you stating so UNLESS you have previously ordered from us before using a credit card.  Please understand that we cannot and do not ship any specimens or gemstones on approval.  All specimens and items must be paid for in full before they will be shipped.  Generally we do not ship unless and until funds clear our account.   Depending on the value of your order, please note:

• 1.  For purchases less than $10,000.-USD, we can accept Paypal and Credit Cards, Personal or Certified Cashier Check, and wire transfers.

• 2.  For purchases $10,000.-USD or more, we can accept payment by Credit Card, Personal or Certified Cashier Check, and wire transfer.

 

UNITED STATES DOMESTIC SALES ONLY; POSTAGE & SHIPPING; GENERAL & HIGH-END ITEM SHIPPING TIMES:

Dominion Exploration only ships within the United States.  We do not offer international sales or shipping at this time, but we plan to in the near future.  Please check back in the future for international sales.  In the event that we do make an exception to ship an item outside of the United States, we will not accept returns and we will not issue any refunds for international shipments outside of the United States, sorry.  We ship all items via the United States Postal Service (USPS) fully insured for the purchase price, unless other delivery arrangements are made in advance.  We reserve the right to change the shipping method/postage rates without notice as determined by the underlying post office, shipping service and/or other  mailing costs.  Other postage/shipping methods will have different and/or extra fees/costs.  We generally ship within three (3) working days of receipt of full payment; HIGH END ITEMS CAN TAKE UP TO TWO (2) WEEKS (14 days) TO SHIP AS SOME ITEMS ARE KEPT IN BANK VAULTS AND/OR TRAVEL TO GEM/MINERAL SHOWS ON CONSIGNMENT; WE DEFINE HIGH-END ITEMS AS BEING US$1,000.- (One thousand dollars) OR MORE. We can also personally deliver items in certain circumstances, contact us for details.

 

FIRST COME, FIRST SERVED:

All items are sold on a first come – first served basis; if there is a conflict between customers on one item, the person from whom we first received the order will receive the item.  Items which are sold online via this website are automatically removed from the site by our system.

 

IF THE SPECIMEN IS ALREADY SOLD BUT YOU WANT SOMETHING SIMILAR: 

If you missed out on a specimen, or like the look of one that is already sold, please email us and let us know. We carry a large stock of specimens which changes regularly, and may have a similar item that you may be interested in that we could sell to you which we haven't listed online yet.  And if we don't have anything similar in stock, we can likely find something similar that you are looking for or would be interested in.  Please inquire...

 

RETURNS/REFUNDS POLICY:

1. MINERAL SPECIMENS.  There is no substitute for seeing a mineral specimen in real life and in person, so all customers are entitled to a 5 (five) calendar day grace period from your receipt of the package/purchased  mineral specimen(s), for you to view the specimen(s) in real life and decide if you wish to keep the specimen(s).   If you examine the specimen and decide it is not what you wish to buy please follow our Returns Procedure (outlined below) and we will happily refund the cost of the item.  Please note that there can be no return if you do not notify us within the 5 day grace period.  NO CHIPPING, BREAKING, CUTTING OR ALTERATION WHATSOEVER.  Altered items will not be accepted for return/refund. If you return an altered specimen or gem, your money will NOT be refunded.  No money will be refunded for items which have been altered and returned, period.

2. GEM ROUGH,  CUT GEMSTONES and JEWELRY:  No refunds or returns will be accepted on gem rough, cut/polished gemstones and jewelry. All of these items do have a lifetime guarantee and if the gem is ever tested and we incorrectly identified the species, you can return it in the same condition and we will refund the cost of the original purchase and shipping, the cost of return shipping, and the cost of the test.  

3. MINING CLAIMS and MINING CLAIM RELATED SERVICES.  No refunds or returns will be allowed or given on sales of Mining Claims or mining sites. We will warrant that you get the claim you purchased or your money back within 90 days of purchase.  All mining claims sold have had BLM Maintenance fees paid up to the coming Sept 1st and Buyer is responsible for all state/federal filings, recordings and fees after sale/transfer is recorded with the County and BLM.  We are not responsible for upkeep, maintenance or filings/fees after transfer to you.  All unpatented mining claims on federal lands are sold or transferred by QUITCLAIM DEED without warranty express or implied.  Mining claims are located and recorded/maintained under laws, customs and decisions in effect at the time which can subsequently change. All unpatented mining claims sold by us are subject to actions or subsequent decisions/administrative action by the US Dept of Interior/BLM over which we have no control and are not liable for. No refunds on mining claim services or location services.  These are unique services and once payment is received and research/work begins, no refunds or partial refunds will be given.  Location services do NOT include payment of local, county, state, federal, or BLM fees unless agreed in writing saying "ALL COUNTY/BLM RECORDING FEES TO BE PAID BY DOMINION GEMS" OR "COVERED BY THIS AGREEMENT."  If specific locations are contracted for, partial pro-rated refunds will be given for any work that cannot be completed or remains unfinished.  Such refunds will be in cash or electronic funds, and not subject to any damages or other amounts/claims.  Refunds subject to be issued within 6 months upon determination of unfinished or cancellation. Any attempt or actual chargeback by Buyer through a credit card company, Bank, Paypal or any other service or means prior to the expiration of the 6 month period for refunds shall constitute a violation of this agreement and buyer will forfeit and waive any refunds or amount due by the violation of such terms.  Contracted mining claim location services, or location of mining claims are subject to a confidentiality clause between Dominion Gems and the buyer; if location services are cancelled or refunded, Buyer shall be subject to confidentiality of such locations for a period of 5 years with a no-compete clause that buyer shall not have any right to said ground, and Buyer forever waives all right and claim to such ground or relocation within 5 years after given notice of cancellation.  Violation by any buyer to attempt to relocate or have others relocate said ground subject of cancelled location services shall be considered breach of trust and subject buyer to pay damages to Dominion Gems for the actual value of such ground and/or locations, not the amount paid, but actual value of the ground as determined by Dominion Gems.  Further, before Dominion Gems issues any refund, Buyer must (shall) sign a 5-year waiver/non-disclosure/non-compete agreement to the ground/mining claims involved and Dominion Gems must receive the original notarized document before issuing any refund.  Additional binding TERMS are found here and are reincorporated by reference thereto.

3A.  MINING CLAIMS and PAYMENT PLANS.  We generally require payment in full for mining claims and at least half down to hold the mining claim for a buyer; we also don't allow digging by hand tools until at least half down is paid and digging by mechanized, battery, powered, or heavy equipment with at least 75% down.  We reserve the right to dig and remove any minerals until paid in full and to enter and use the property at any time for any reason.  No mining claim sale is final until put in writing and any sale agreement over $25,000- in which multiple payments over time are involved MUST be put in writing an notarized first; exceptions will be made on a case by case basis; exceptions do not apply unless notarized.  If payments are involved, any untimely or missed payment is considered a breach of agreement and you forfeit all moneys paid up to said time for said breach and forfeit your right to purchase the claim; A payment which is timely made but which does not clear our account is an untimely or missed payment.  Payments are timely made if received by us on or before the due date or are postmarked/physically recieved by USPS on or before the due date.

4. OTHER SERVICES.  Once work, research, or our services have begun on a project, no refunds will be given.  If you cancel a service which has been scheduled you will be charged a minimum cancellation fee of $75.00, in addition to any third party and other expenses which we have incurred in planning such services and terminating them.  Expended fees shall include, but not limited to, research, travel and related expenses.

5. INTERNATIONAL SHIPMENTS, IF ANY, EXEMPT/EXCLUDED  FROM OUR RETURN/REFUNDS POLICY.   In the event that we do make an exception to ship an item outside of the United States, we will not accept returns and we will not issue any refunds for international shipments outside of the United States, sorry.

6. CREDIT CARD & ELECTRONIC PAYMENT TERMS:  BY USING A CREDIT CARD for any purchases from DOMINION GEMS through Paypal, or over the phone with us, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback to your credit card,  you agree to pay a $150 processing and collection fee, plus any resulting damages to DOMINION GEMS.   NOTICE REGARDING "FRIENDLY FRAUD" & "CHARGEBACK FRAUD":  If you purchase an item from us, and receive it, and then claim you did not order and/or recieve it, simply  put, you agree to be sued and we will sue you for actual costs plus exemplary damages.  We may also prosecute you criminally, and likely report you to scammer agencies and/or notification boards/sites.  We are vigilant in this regard to protect both ourselves and our fellow gem and mineral dealers.   In the event that you deem it necessary to issue a Paypal, Credit Card Chargeback or Reversal, you agree to give us 14 days notice via both certified mail return receipt (to: Dominion Gems attn: Chris Wentzell, 4200 11th Ave NW, Watertown SD 57201,  and,  email to cryogeniemine@gmail.com (with "chargeback" in the issue/topic area of email) to first rectify the situation by shipping your item to you or filing mining claim transfers with the County and BLM.  If you do not follow this process we will not be on notice and will be irreparably damaged and will pursue remedies and damages in Court against you.  NOTICE IS HEREBY GIVEN THAT: No refunds or returns will be accepted, given, or allowed on sales of Mining Claims or mining sites but we will do everything we can to make sure that you get documented transfer of the mine or mining claim to you ASAP.  Notice is hereby given that issuing or causing a reversal of credit card or paypal payment to us without following this procedure, you consent to a $10,000.00 per $2500.00 fee or part thereof plus actual damages for failure to comply with these provisions.  Thus, as an example, a $25,000.00 reversal or chargeback would be a  $250,000.00 fee plus actual damages.

7. MISC.  Reserved for future use.

 

RETURNS PROCEDURE:

To make a return in accordance with the terms above, please follow the exact steps below:

• 1.  Please contact DOMINION GEMS immediately (within five (5) days of your receipt of the specimen (ie., within the five (5) days grace period from the receipt of your purchase/package) in WRITING, either using our contact form or our email, of your intent to return the item. You are also welcome to contact us by telephone, but we will require written confirmation to follow.  PLEASE NOTE THAT IF WE DO NOT RECEIVE WRITTEN NOTIFICATION OF YOUR INTENTION TO RETURN THE SPECIMEN WITHIN THE FIVE (5) DAY GRACE PERIOD, WE WILL BE UNABLE TO ACCEPT THE RETURN.

• 2.  Return the specimen to us in its original condition following the instructions below. The specimen must arrive at DOMINION GEMS address within 5 calendar days of notifying us of its return, and no later than ten (10) days after your initial receipt of the package. This means you must mail the item to us immediately upon notification of return.  If not, we will be unable to accept the return.   Use the following steps:  

• A.  Carefully wrap the specimen(s) individually using the original packing material, and include any labels or documentation. There should be at least 2cm of padding around each item, and each item should be placed in its original specimen box. Place the specimen boxes (with wrapped specimens enclosed) in the postage box, or a new box if the original box was in any way damaged during transit, with at least 4cm of padding between the specimen boxes and the sides of the postage box. Bubblewrap or scrunched newspaper are the best to use as padding. There should be no possible movement within the box once packed.

• B.  Please (1) insure the package for the full value of the specimen(s) being returned (as you are responsible for the full value of the items should they be lost or damaged during return transit); (2) require our signature upon return delivery to us; (3) Mail the box to either:  DOMINION GEMS, 4200 11th Avenue NW, Watertown, SD 57201 USA, or the address in Pala California or Warner Springs California, on the shipping container, whichever address the item was shipped from.  Please note that you are responsible for all postage costs and insurance related to the return of a specimen to DOMINION GEMS.  We will NOT accept nor be responsible for returns which have not been insured for the full purchase price.  MAKE SURE WHEN RETURNING AN ITEM TO REQUIRE OUR SIGNATURE CONFIRMATION UPON DELIVERY.  WE WILL NOT BE RESPONSIBLE FOR ITEMS RETURNED TO US WITHOUT SIGNATURE CONFIRMATION!!  NO EXCEPTIONS!!   And also, (4) Notify us by email of return shipping (and any tracking info) so we can arrange to be present to sign for the return.  All monies paid for the specimens, (not including the initial cost of postage and packaging) will be refunded within 30 days of the notice of cancellation and upon confirmed receipt of the returned specimen on time, and in the original good condition.  

 

IF ITEM OR PACKAGE WAS RECEIVED IN A DAMAGED CONDITION:

If you received your specimen and it was damaged in transit please contact us immediately (within 24 hours of receiving damaged item) via email or phone (see our Contact Us Page). We will then be able to come to an arrangement with you for either: the return of the item and a full refund; return of the item and a similar item to be sent to you as a replacement; or a discount on the damaged item if you wish to keep it.  **Please note that we will need to see the evidence of the damage, both to the specimen and to the package, preferably by digital photograph**   DO NOT discard the destroyed or damaged packaging as we will need this to verify and approve damage and allow any refund.  If you are returning the item please return all pieces of damaged or broken specimen with any labels and documentation, and the original packaging, by following the steps in the Returns Policy.  Please remember to insure the item to the full cost of the specimen(s) and require signature confirmation,  and mail to the return address.  We document the initial packaging of specimens by digital video for insurance and wrongful claim purposes.  We will not entertain any claims of damage which are not reported to us within 24 hours of your receipt of the damaged package or item.

 

ITEM SIZES.  Each specimen is assigned a size category based on the way the mineral would be displayed in a collection. The size category is determined by the length of the longest dimension.  If you are unsure if the size is something you want, try sketching or drawing the item on a paper with a ruler according to the measurements given to help you decide before you buy.  This will help you see the actual size of the item you are interested in before you purchase.  This is important because some pieces look larger in the photographs.  We state the dimensions for each piece. 

SIZE TABLE: 

Micromount (MM): <1 cm;

Thumbnail (T): 1 - 1.5 cm;

Miniature (M): 1.5 - 4.0 cm;

Small Cabinet (S): 4.0 - 10.0 cm;

Large Cabinet (L): 10.0 - 30.0 cm;

Oversize/Museum size (O): >30 cm

 

Photographic Representation.  We strive  to photograph the mineral specimens as accurately as possible.   Please be aware that they are NOT to scale and are only REPRESENTATIVE of the mineral.  We try to keep the photographs as true to life with accurate color. Please remember that the photograph color of the specimen may not appear the same on your computer screen as the specimen in real life.  Our items are generally photographed using a CANON EOS Rebel T1i digital camera, taken in raw and other modes for best pixel resolution and depiction. Please note colors may differ based on your computer monitor settings.

 

DOMINION GEMS' PLEDGE TO CUSTOMERS: 

Customer Satisfaction is paramount and our primary goal.  We pledge that:

• 1.  All minerals and gemstones offered for sale will be natural- No fakes, no synthetics, no dyes, no smoking, no irradiation, etc.  If an item is natural but treated, such will be disclosed and noted.

• 2.  Only the exact item pictured and described on the site will be shipped- no substitutes.

• 3.  All photographs will accurately represent each item.  No exaggeration, enhancement, or retouching flaws.  What you see is what you get.  

• 4.  Mineral species and localities (when known) will be accurately listed on labels with each specimen.

• 5. All items will be shipped via US Postal Service (USPS) within three (3) business days after payments and order is finalized, unless other arrangements are made or consented to.

• 6.  Each mineral will be individually wrapped and carefully packaged to prevent damage during shipping.

• 7.  All historic labeling, if available, will be included with each mineral.

• 8.  All customer information will be kept confidential and never shared or sold.

• 9.  Returns will be accepted pursuant to the specific terms outlined herein.

• 10.  We will continue to freely share our knowledge with others and contribute to the study and appreciation of mining, minerals, and gemstones.

• 11.  All mineral specimens and gemstones have a lifetime guarantee: if the mineral or gem is ever tested, and we incorrectly identified the species, you can return it in the same condition and we will refund the cost of the original purchase and shipping, the cost of return shipping, and the cost of the test. 

• 12.  All services will be performed in accordance with state, federal, and local regulations, and to the high standards of DOMINION GEMS.

 

FOR ANYTHING NOT COVERED HERE:  If anything is not covered here, our Terms apply.  If in question, contact us!  Thanks.

 

QUESTIONS?:

If there is anything that you do not understand or would like clarification on for the above terms and conditions, or would like to ask any other questions-- please do not hesitate to contact us.

 

ORIGINAL DATE OF THESE TERMS:  May 27, 2015.

PRIOR MODIFICATION OF THESE TERMS:  May 27, 2015.

LAST MODIFICATION OF THESE TERMS:  October 20, 2022.