Terms and Conditions of Sale and Purchase of the Product
These Terms and Conditions form a legally binding agreement between the Seller and the Buyer for sale and purchase of any Product on this Website. The Buyer hereby acknowledges that he has read and understood, and agrees to be bound by, these Terms and Conditions.
- In these Terms and Conditions, unless the context otherwise requires:
Agreement for Sale of the Products
- Any order for Product made through this Website is an offer by the Buyer to purchase the Product at the price of the Product at the time the Buyer placed the order. For the avoidance of doubt, the price of the Price does not include any applicable Delivery Fees and/or Taxes.
- Once the Seller accepts the order placed by the buyer for any Product through this Website, a legally binding agreement for sale and purchase of the Product will be formed between the Seller and the Buyer. These Terms and Conditions shall apply to all agreements for the sale and purchase of Product by the Seller to the Buyer. If the order is accepted, the Seller will send to the Buyer a confirmation of each order accepted by the Seller through email. No agreement for sale and purchase of any Product is formed until and unless the said confirmation is sent.
- The Seller shall have right to reject the Buyer’s order at its absolute discretion (including, without limitation, where any Product under the order is not available, if there is an error or omission in the price or description of the Product on this Website or payment in respect of the order is unable to be processed). If the Seller rejects the Buyer’s order, the Seller will notify the Buyer through email within reasonable time.
- The Buyer shall provide the Seller with any additional information or documents if requested by the Seller in connection with any order. The Buyer shall provide the Seller with true, complete and accurate information when making an order through this Website.
- The Seller may cancel the whole or any part of an order (including any order that the Seller has accepted) at any time without any liability to the Buyer if:
- the Buyer is in breach of any term or condition of this Agreement;
- payment in respect of the order is unable to be processed;
- the information provided by the Buyer is inaccurate, incorrect or incomplete; or
- the Product is unable to be delivered to the Buyer not due to any act, omission or negligence on the Seller’s part.
- If the Seller cancels any order, the Seller will notify the Buyer through email within reasonable time. The Seller will not charge the Buyer for the order cancelled or any part thereof.
Fees and Charges
- Unless otherwise set forth in writing by Seller, the price for the Product shall be the price shown on this Website.
- The Seller will charge the Buyer and the Buyer agree to pay the price of each Product together with all Delivery Fees and any other fees and charges set out in these Terms and Conditions. All Taxes arising out of and/or in connection with the sale and purchase and/or export or import of the Products to be charged by the region of the designated delivery address, if any, are to be paid and settled by the Buyer or the recipient of the Product with the relevant authorities. Price for Product is shown on this Website at the time the Buyer places its order. Price for Product is subject to change from time to time.
- Subject to these Terms and Conditions, once the Seller has accepted the Buyer’s order, the Seller will not change any price that applies to the Product in that order. The prices for the Product may not be the same as the prices in any other sources for the same Product and the Seller is not required and has no obligation to match any prices in these sources and those of any third party.
- All payments under this Agreement shall be made in Hong Kong Dollars / United States Dollars / Euro only.
- The Buyer may pay for an accepted order using his (a) Visa; (b) MasterCard; (c) PayPal; (d) bank transfer; or (e) any payment method to be agreed between the parties. If the Buyer chooses to pay by credit card, the Buyer hereby authorizes the Seller to debit the amount that is payable for the accepted order from the Buyer’s nominated credit card. The Buyer must not pay, or attempt to pay, for the Product through any fraudulent or unlawful means.
- If the Buyer fails to settle payment for any order at the time of the order being placed, the Seller may reject or cancel the order without any prior notice.
- Unless otherwise set out in these Terms and Conditions, all payments received by the Seller are non-refundable.
Delivery of the Products
- The Seller shall deliver the Product to the Buyer’s designated delivery address. However, the Seller may not deliver the Product to Inconvenient or Restricted Areas or may impose extra Delivery Fees for delivery of the Product to certain Inconvenient or Restricted Areas, at the Seller’s sole and absolute discretion. The Buyer agrees to comply with all delivery requirements (including, without limitation, any delivery location restrictions) as set out by the Seller on this Website.
- The Seller will only deliver the Product if someone is at the delivery address to accept delivery of the Product. The Seller may require the person accepting the delivery of the Product to provide the Seller with proof of identity and/or the credit card to pay for the Product (if applicable) and sign off to acknowledge receipt of the Product. If no one accepts delivery of the Product at the delivery address, the Seller will try its endeavor to contact the Buyer, or the Buyer may contact the Seller, to arrange for delivery at a different time. The Seller may charge the Buyer additional Delivery Fees for re-delivery of the Product. The Buyer acknowledges and agrees that any person at the delivery address who receives the Product is duly authorized by the Buyer to accept the Product on the Seller’s behalf.
- The Seller hereby reserves its right that for certain kinds of the Product (which will be determined by the Seller from time to time), the Seller is entitled to request the Buyer to make arrangement for delivery by self-collection at the Seller’s designated address.
- For avoidance of doubt, the Seller will not deliver the Product to any Post Office Box addresses.
- No delivery of the Product will be made unless and until the Buyer duly settle all payments.
Inspection of the Products
- The Buyer shall examine and inspect the Product (including but not limited to quality and quantity) immediately upon receipt. Unless the Seller receives written notice of non-conformity of the Product (including but not limited to quality and/ or quantity issues) from the Buyer within 24 hours after receipt of the Product, the Product delivered shall be deemed in all respects in full conformity of this Agreement and the Buyer shall not be entitled to reject the same or raise any claim for damage or for other remedy in respect of breach of warranty and/or these terms and condition.
Title and Risks of the Products
- Title of the Product belongs to the Seller until and unless full payment is received. Risk of the Product will be passed to the Buyer when the Product is delivered to the Buyer or its designated delivery address.
Returns of the Product
- No return or exchange of any Product and refund of payment is allowed save and except the Product is defective or damaged prior to delivery to the Buyer. No return and refund is allowed for any damaged or defective Product which is caused by Buyer and/or other parties.
- The Seller may accept request for returns of the defective or damaged Product within 24 hours after delivery of the Product. No request for return of the Product will be entertained after expiry of 24 hours after delivery of the Product. The Buyer shall follow all instructions and requirements in relation to returns and/or refunds of the Product given by the Seller from time to time.
- The Product must be returned in unworn, unaltered, original packaging, including all tags and labels (plastic bag, blister pack, etc.), and with all paperwork including manuals, assembly instructions and your packing slip, as well as all accessories to ensure full credit.
Limitation of Liability
- The Seller shall not be liable to the Buyer for any indirect, special, consequential, or punitive losses and/or damages (including lost profits) arising out of or relating to the Product, this Agreement or any transactions it contemplates (whether for breach of this Agreement, tort, negligence, or other cause of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceeds the price the Buyer paid to the Seller for the Product provided by the Seller giving rise to the claim or cause of action. In any circumstances, the Seller will not be liable for any delays in performance or for non-performance due to any unforeseen circumstances or causes beyond the Seller’s reasonable control.
Representations and Warranties
- The Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for any particular purpose.
- No warranties regarding colours, styles, patterns, size, shape or any other natural and inherent features and the appearance of composite gemstones of the Products are warranted. In particular, the Seller does not warrant that the gemstones of the Product sold match the colours, styles, size, patterns or any other features of those of the sample(s) or photo(s) of the Product as shown on the Website.
- The Seller may terminate this Agreement by giving the Buyer 7 days’ notice if the Buyer fails or refuses to settle any payment or charge under this Agreement or breaches any these Terms and Conditions. Upon termination, the Seller is entitled to forfeit all the deposits or amount paid by the Buyer, without prejudice to any rights or remedies available to the Seller. The Seller may sell all or part of the Product or dispose of the Product as the Seller may think fit.
- If the Buyer fails or refuses to take delivery of the Product within 14 days after the order is confirmed, the Seller is entitled to terminate this Agreement and sell all or part of the undelivered Product or disposed of the undelivered Product as the Seller may think fit.
- These Terms and Conditions herein presented shall apply so long as the Seller is offering services online. The Seller may modify these Terms and Conditions at any time without prior notice to or consent obtained from the Buyer.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other contracts, agreements, whether written or oral, between the Parties.
- Neither the Buyer nor the Seller shall have the right to assign, or otherwise delegate or purport to transfer any of its rights and obligations under this Agreement without the prior written consent of the other party.
- No failure or delay by either the Seller or the Buyer in exercising any right, power or privilege to which it is entitled shall operate as a waiver nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise. For the avoidance of doubt, any failure or delay of exercising the right to seek damages and/or other relieves for the breach of this Agreement by the other party shall not be construed as a waiver of the exercise of the right to seek damages and/or relieves for the subsequent breach of the same again or any other provisions by the other party.
- If any of the provisions in this Agreement are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.
- The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
- In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa.
- In these Terms and Conditions, the headings are inserted for convenience only and shall not affect the construction of this Agreement.
- Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed to have been successfully served when verified by automated receipt or electronics lots.
- Should there be any differences or inconsistencies between the Chinese version and the English version of this Agreement, the English version shall prevail.
- This Agreement shall be governed by and construed in accordance with the laws of HKSAR. Each party hereby submits to the non-exclusive jurisdiction of Courts of HKSAR.
- The Seller shall provide warranty of the Product to the buyer for a period of 120 days from the date of the delivery of the Product.
- The warranty of the Product only covers defects of the Product in relation to workmanship, and does not cover any damage by accident or inappropriate use, ordinary wear and tear, tarnishing modification, loss of stones, attempted repair, negligence or any problems or complaints which is inherent in relation to the natural phenomenon or colour or otherwise natures of the gemstones of which composites the Product.
- The Seller has the absolute discretion to determine the natures of the defects or damage and the eligibility of the warranty.
- The warranty of the Product shall become void when the Product has been altered or repaired by any third party or the Buyer.
- The Seller reserves the right to modify the terms of the warranty at any time without prior notice to or consent obtained from the Buyer.