Terms & Conditions

Terms & Conditions

  1. Introduction

1.1 This website can be accessed at www.gemsforhealing.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Gemsforhealing

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers or use the site as a anonymous user as contemplated below (“registered user”, “anonymous user”). By using the Website and by clicking on the “Register Now” or “place order” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

2. Important Notice

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.1.1 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which

  • may limit the risk or liability of Gemsforhealing or a third party; and/or
  • may create risk or liability for the user; and/or
  • may compel the user to indemnify Gemsforhealing or a third party; and/or
  • serves as an acknowledgement, by the user, of a fact.
  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.2 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Gemsforhealing in terms of the CPA.

2.3 Gemsforhealing permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Conclusion of sales and availability of stock

3.1 Users may place orders for Goods, which Gemsforhealing may accept or reject. Whether or not Gemsforhealing  accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Gemsforhealing for the Goods.

3.2 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Gemsforhealing liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

3.3 Gemsforhealing will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Gemsforhealing will notify you and you will be entitled to a refund of the amount already paid by you for such Goods. 

3.4 NOTE: Gemsforhealing will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Gemsforhealing come into effect (the “Sale”). This is regardless of any communication from Gemsforhealing  stating that your order or payment has been confirmed. Gemsforhealing will indicate the rejection of your order (by Gemsforhealing) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

3.5 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.

3.6 When purchasing crystals from Gemsforhealing, please note that the images we have on our website represent the quality & sizing you can expect to receive, not the actual stones as seen in image. Each stone is unique & one of a kind so there will be variations in colour and shape. We often add more than one item on the picture so that you as client can see the difference that might be found in that item, this does not mean you get all items in the picture, unless it specifically says that it is a set. Some stone products including chip & bead products are selected at random and may differ from picture (this excludes specimens, balls, eggs, free form stones, & stone points & sterling silver jewelry).

3.7 Crystals and salt lamps are naturally formed and often have imperfections and veins that look like faults but are not. Selenite pieces are salt which will dissolve if placed in water, and often have imperfections and veins that look like faults but are not.

3.8 Some glass bottles used in essences, anointing oils, spiritual waters and bath foam products may differ from the picture.

3.9 We do use plated items, stainless steel and rodium pieces in some of our jewelry. If you have known allergies to any plated metals, we do not recommend you wear our products. If skin sensitivity occurs, discontinue use immediately.

3.10 The information on this website is provided for informational purposes only. It is neither intended nor implied to be a substitute for professional medical advice. Please use our products and the descriptive information responsibly. Nothing contained on this website or sold by Gems For Healing is intended to diagnose or treat physical or psychological conditions, prescribe or perform medical treatment, or interfere or substitute for the treatment of medical or other professionals. No guarantees or warranties are implied or claimed regarding their healing, magickal, psychic or health powers, virtues, or whether or not any specific result will be obtained. Nor do we believe the bits of historical, biographical, lore, etc., information provided on this site are complete, as there is simply not enough space to include all of the information about a particular subject or issue. We encourage you to research any subject or topic further for more information.

3.11 If you are pregnant or are sensitive to any of our products do not use these products without your doctors advice. Keep these products away from children.

3.12 Gemsforhealing shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

4. Payment methods

4.1 Our online shopping cart is enabled to process safe and secure payments via the free to use Payfast payment portal which makes it more convenient for you as client to purchase from us and make payments immediately. 

4.1.1 When you click Payfast as payment method, you get to choose your preferred payment method and securely complete the transaction. Payment via EFT, instant EFT, and credit/cheque cards are done easily and immediately. After payment has been completed, you the buyer and Gemsforhealing are both notified of the successful transaction. We can then start processing your order.

4.1.2 Make your payment directly into our bank account. Please use your Order ID as the payment reference. Your order will not be shipped until the funds have cleared in our account. Please note that Bank Transfer payments could take up to 7 days to clear. if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Stock are sold at a first come first sell basis. We take no responsibility for stock which is out of stock if you do not pay within 2 (two) days of placing your order.

4.2 Placing an item in your shopping cart does not reserve that item or price. We only reserve stock for your order once payment is received. When Goods are no longer available after you have placed an order, Gemsforhealing will notify you and you will be entitled to a refund of the amount already paid by you for such Goods. 

4.3 We have a physical store on the same premise. There might be a possibility that we cannot supply an item that you have ordered, due to that item selling in the shop before we can take out your order. If this is the case, we will contact you to arrange an alternative or will refund you.

5. Shipping methods:

5.1 We can ship to virtually any address in South Africa.  Parcels are only taken to courier on Monday and Thursday unless otherwise specified.

5.1.1 Parcels are sent to the address which is supplied by the client on the shipping information section of his/her order. You as the client are responsible to supply us with the correct physical address and contact number. For security purposes we suggest you add two contact numbers. If you should choose a Postnet hub as delivery option it is YOUR responsibility to supply the correct Postnet address in the shipping section of your order. We take no responsibility if you did not supply the correct delivery address and will send the parcel to the address to which you provided.  

5.2 Shipping Options:

5.2.1  Aramex store to door courier service:

5.2.1  Aramex store to door courier service:

  • Cost = R100 per sleeve
  • For terms of use click on https://www.aramex.com/us/en/terms-of-use
  • Items must fit standard plastic courier sleeve (sleeve size when flat is 35 cm x 45 cm).  Please note that the courier bags may not be overfilled. 
  • Parcels which do not fit into aramex sleeves will be sent via other courier, and additional charges will apply, as is mentioned above in point 5.2.1 of shipping options.  Cost is determined separately by parcel size.
  • Please consider the weight when ordering several heavy items, like specimens with points etc, as these items must fit into a plastic sleeve with packaging materials. If the parcel is found to be too heavy, we will split the order into more than one bag and additional charges will apply. We will contact you if this is the case.
  • Fragile goods are shipped at your own risk. We recommend that you pick up fragile and breakable items directly from us. Gemsforhealing can in no way be held liable or responsible for service related issues, beakages or non-delivery of parcels by Aramex.
  • Deliveries are done to the physical address you provided, whether it is a home or office block etc. It is your responsibility to follow up with aramex on your parcels location. (If you live in a gated complex check that your gate guards allow entry to the couriers, else parcels might be left with the gate or security guards at the gate.) (If there is protest actions/restrictions/floods etc in your area, this may impact delivery times of parcels).
  • Aramex can also deliver aramex sleeves to Postnet hubs. Please supply the correct Postnet branch details on your “shipping information” if you choose this option. 
  • Delivery to main centres are usually done overnight (high volume areas may take 1 – 2 days) – (main centres include: Bloemfontein, Cape town, Durban, East London, George, Johannesburg, Kimberley, Nelspruit, Polokwane, Pietermaritzburg, Port Elizabeth, Pretoria, Richards bay, Rustenburg, Stellenbosch, Vaal). Areas within 50km around the main centre is still considered to be inside the main areas. We recommend that you follow up with Aramex via telephone immediately if you did not receive your parcel within 2 days.
  • Parcels to areas outside of main areas (Regional areas) including farms/plots, lodges, rural areas, locations, settlements etc. will take up to 3-5 days for delivery. We recommend that you follow up with Aramex call centres via telephone immediately if you did not receive your parcel within 3 days. Aramex and most other couriers use third party couriers to deliver in remote areas, this is standard practice. (Please note: Some third party couriers close between the period of 20 Dec – 31 Dec, which may lead to delays in delivery of parcels in some remote/regional areas. In this case we strongly recommend that you rather use the postnet – postnet option during 20 Dec – 31 Dec).
  • Parcels are collected by aramex at the kiosk from 15:00 onwards. Parcels are only loaded on the aramex tracking system later that night and can only be tracked from the next morning). 
  • Track your parcel on Aramex Bot on whatsapp nr +971 4 503 1111 (Type track, wait for reply, type the tracking nr and wait for reply) or use https://storetodoor.aramex.co.za/ (use the track shipment button and enter tracking nr using capital letters and no break between the numbers) or contact Aramex directly on 011 457 3200 or 012 742 0300. Aramex call centres can usually immediately tell you where your parcel is. 
  • Please note that in the event that your parcel does not fit into a standard aramex courier sleeve, or fits into more than one sleeve, additional charges will be charged. In this instance you will be contacted before the parcels are dispatched. This will also apply to parcels which weigh to much.
  • In the event that your parcel requires a dedicated trip, additional charges may apply. In this instance you will be contacted before the parcel is dispatched. 

5.2.2  Arrange your own Courier at your own cost:

  • You are welcome to use your own courier, and can ask for this option. You will however have to arrange your own courier. We will advise you when the parcel is ready for collection. Be advised that some couriers view us as a remote area and ONLY pick up parcels once a week.
  • NOTEPudo/Courier Guy takes approximately 1 – 3 weeks to collect from us, so we do not recommend that you use PUDO/Courier Guy to collect from us. Fragile goods are shipped at your own risk. We recommend that you pick up fragile and breakable items directly from us. Gemsforhealing can in no way be held liable or responsible for service related issues, breakages or non-delivery of parcels by your chosen courier. Gemsforhealing can in no way be held liable or responsible if your courier does not pick up or delay the pick up of your parcel from us.

5.2.3 Postnet to Postnet (Aramex to Postnet)

  • Postnet to Postnet parcels must be under 5 kg (actual and volumetric weight) for the R100 option to be applicable. If the parcels actual size or volumetric size is larger than 5kg an extra R25 is applicable for every kilogram over the initial 5 kg. Delivery 2 – 3 working days (allow 1 extra day for outlying areas). Track via https://www.postnet.co.za/tracker Please enter your PN or PP tracking number into the text box and click submit to track your shipment. Do not include any spaces. Please Note: Shipment information will appear approximately 8 hours after being handed in at a PostNet store. In the case of a continuous spinning circle, please contact the PostNet Call Centre on 0860 767 8638 for further assistance. PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO TRACK YOUR OWN PARCEL. Fragile goods are shipped at your own risk. We recommend that you pick up fragile and breakable items directly from us. Gemsforhealing can in no way be held liable or responsible for service related issues, breakages or non-delivery of parcels by your chosen courier.

5.2.4 Collect from Gems For Healing

  • You’ll receive an email notification with collect instructions when your order is ready for collection. Collection can only be done from Wed – Sun from 9:30 – 16:00. Please notify us when you will be collecting your order. If you choose to nominate someone else to collect an order on your behalf, you will need to provide us with their information for security purposes.

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy.

6. Privacy Statement

6.1 Below you will find information concerning visits to and the use of Gems For Healing website. We are sensitive to privacy issues on the Internet and recognise the importance of safe guarding all information we receive from you. This Privacy Statement applies to data provided by you and collected by Gems For Healing through its websites as well as both online and offline services. We will use the provided information in the course of our dealings with you to process requests and orders and to provide a more personalised internet and online buying or ordering experience. We will ensure that all personal information is treated in accordance with the applicable data privacy legislation’s.

For your information, we have provided this statement explaining our online information practices.

6.1.1 Collection of your personal information
In general, you are able to visit Gems For Healing‘s websites without revealing who you are or any information about yourself. However, our web servers will collect information (standard information that your browser sends to every website visited) for statistical purposes, such as the number of visits, the pages viewed, which website you came from before clicking into the Gems For Healing website, the key words used to find our site, your IP-address, the browser type and language, access time, etc. Gems For Healing uses this information for improving its sites and services. If you have created an account with us your user account information is protected by a password. We also offer the option of buying from the website without creating an account with us.

When ordering online we ask you to consent to providing personal information, such as your email address, name, telephone number, shipping address etc. This information is required in order for us to process and fulfill your order and otherwise provide you with the information and services you may request from us. This information will therefore be kept by us as long as is necessary for us to use your information as described above. For security reasons we also keep the IP-address used when the order is registered. If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:

  • Order information like what was purchased, when it was purchased and where it should be sent, and
  • Customer information like your name, email address, and billing and shipping information.

Our team members have access to this information to help fulfill orders, process requests and support you.

6.1.2 Payments

We accept payments through PayFast: https://www.payfast.co.za/privacy-policy/ to process secure online payments and no information regarding cards, accounts, etc are processed directly on our site. When processing payments, some of your data will be passed to Payfast, including information required to process or support the payment, such as the purchase total and billing information.

6.1.3 Security of your personal information
Gems For Healing has a number of security measures in place to protect your personal information. However, when transmitting personal information over the internet, please bear in mind that no transmission over the internet can ever be guaranteed secure. Therefore, please note that Gems For Healing cannot guarantee the security of any personal information that you transfer over the internet to us. Site Administrators will have access to profiles to create orders etc.

6.1.4 Cookies
We may also use technologies, such as cookies, to collect information about the pages you view, the links you click and other actions you take on our sites and services. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if preferred.

6.1.5 Other sites
Gems For Healing‘s website may contain links to other sites. Although we try to link only to sites that share our high standards and respect for privacy, we are not in any way responsible for the content of the privacy practices employed by other sites.

6.1.6 Changes to this privacy statement
This privacy policy may be changed by us at any time. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it, and under which circumstances we disclose it. We encourage you to periodically review this statement to know how Gems For Healing is protecting your information.

7. Returns

7.1 We accept returns for items purchased online within 7 days of delivery, as long as it has not been opened/used/worn. If the mistake is not from our side, then all of the return courier costs will be for your own account.

7.2 The items must be in the same condition and packaging, including any and all stickers on the item.

7.3 If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) refuse the return, or only to replace the item that you did return; or to estimate the value of the missing accessories and parts and to credit or refund you in respect of the returned item only.  If the mistake is not from our side, then all of the return courier costs will be for your own account.

7.4 Should a product be damaged or missing any parts or accessories at the time of delivery, please notify us within 7 days of such delivery. We will inspect the product and upon vaildating your claim will refund the purchase price of the product within 10 days of the return.  If the mistake is not from our side, then all of the return courier costs will be for your own account.

7.5 If we accidentally deliver the wrong product to you, please notify us and we will inspected the product and validate your return, we will refund the purchase price of the product within 10 days of the return.  If the mistake is not from our side, then all of the return courier costs will be for your own account.

8. Changes to these Terms and Conditions

8.1 Gemsforhealing may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

8.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

9.  Disclaimer

9.1  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

9.2  Whilst Gemsforhealing takes reasonable measures to ensure that the content of the Website is accurate and complete, Gemsforhealing makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

9.3  Gemsforhealing disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

9.4  Goods sold from the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

9.5  In addition to the disclaimers contained elsewhere in these Terms and Conditions, Gemsforhealing also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any      manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Gemsforhealing, its employees, agents or authorized representatives. Gemsforhealing thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

10.  Linking to third party websites

10.1 This Website may contain links or references to other websites (“Third Party   Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and       Gemsforhealing is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

10.2  Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

11.  Limitation of liability

11.1  Gemsforhealing cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Gemsforhealing, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors.

11.2  GEMSFORHEALING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR  UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

11.3  YOU HEREBY INDEMNIFY GEMSFORHEALING AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

12.  Availability and termination

12.1  We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

12.2  Gemsforhealing may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Gemsforhealing will not be liable to you in the event that it chooses to suspend, modify or terminate this   Website other than for processing any orders made by you prior to such time, to the extent possible.

12.3  If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

12.4  Gemsforhealing is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Gemsforhealing, in whole or in part, on notice to you. Gemsforhealing shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

12.5  At any time, you can choose to stop using the Website, with or without notice to Gemsforhealing.

13. General

13.1 Gemsforhealing may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already paid by you.

13.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

13.3 Any failure on the part of you or Gemsforhealing to enforce any right in terms hereof shall not constitute a waiver of that right.

13.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

13.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

13.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

13.7 These Terms and Conditions contain the whole agreement between you and Gemsforhealing and no other warranty or undertaking is valid, unless contained in this document between the parties.

13.8 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

13.9 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Gemsforhealing representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

13.10 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

13.11 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Gemsforhealing representative.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law