Terms & Conditions
1. Online Shop
1.1 Our website www.eclatshk.com facilitates a convenient way to shop our jewellery online and to use our delivery services.
1.2 By using our website you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our website. Your continued access and use of our website and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.4 The meaning of some words used in these terms and conditions:
1.4.1 “we”, “us” or “our” is a reference to Jolies Concept Limited selling jewellery.
1.4.2 “you” or “your” is a reference to the person to whom we are selling and delivering our jewellery and who is required to pay for the jewellery we delivered.
1.4.3 “content” means all text, graphics, logos, icons, images used on our website.
1.4.4 “jewellery” means the jewellery you purchase through our website, which you will pay for.
1.4.5 “intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
2. Registration
2.1 You are required to register with us when you place an order. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 You represent to us that all purchases made by you through our website will be within the scope of your authority to conclude contracts.
2.3 In consideration of your purchase order, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. Purchase Order
3.1 When you place an order, you are making an offer to buy the jewellery you have specified at the price stated for those jewellery. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
3.2 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
3.2.1 details of what you have ordered, and
3.2.2 details of the price charged.
3.3 This communication will be our acceptance of your order.
3.4 The availability of the jewellery is as shown online and will be updated regularly. They should not be relied on as definite statements as to whether the jewellery you wish to purchase is actually in stock.
3.5 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including:
3.5.1 no sufficient stock to deliver the jewellery you have ordered;
3.5.2 no delivery can be arranged for your area; or
3.5.3 one or more of the jewellery pieces you ordered was listed at an incorrect price due to a human or computer error.
3.6 If we cancel your order, we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any interest or compensation for disappointment suffered.
4. Price and Payment
4.1 We will use all reasonable commercial endeavours to display accurate and up to date prices on our website. However, because prices of jewellery for sale are regularly updated we cannot state the definitive price until we send you our acceptance of your order.
4.2 If the price of the jewellery is higher at the time we are ready to send our acceptance of your order than what it was at the time you place your order then we will either:
4.2.1 cancel your order, or
4.2.2 contact you to ask you whether you wish to pay the higher price or cancel your order.
4.3 If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card. You agree and accept that we will not be obliged to offer any interest or compensation for disappointment suffered.
4.4 We only accept payments made by Stripe. When you place an order, you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you represent to us that you shall be authorised to make such payment. Title in the jewellery does not pass to you until payment has been received.
4.5 We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred by you in making credit card transactions, and in no event shall any such losses be borne by us.
5. Delivery
5.1 We only make deliveries in the specified areas of Hong Kong from Monday to Friday except on public holidays in Hong Kong and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion.
5.2 Subject to clause 5.1, we will deliver the jewellery ordered by you to the address you give us for delivery at the time you make your order through our website. You agree to present your photo identification upon request when you acknowledge receipt of the jewellery. The jewellery shall be, and shall be deemed to be, delivered and accepted by you when the jewellery is delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to accept delivery for whatever reasons.
5.3 We will use all reasonable commercial endeavours to make delivery within 72 hours after your order is accepted.
5.4 We may deliver the jewellery you ordered in one or more instalments. Any times and dates given for despatch of jewellery, or the length of time that the jewellery will take to be delivered, are only estimates. If we are unable to meet any stated despatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund.
5.5 You will become the owner of the jewellery you have ordered when they have been delivered to you. Once jewellery has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
6. Returns
6.1 No return or exchange of jewellery will be accepted.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not warrant that access to our website will be uninterrupted or fault-free.
7.2 We do not warrant to you that contents of our website will be accurate or complete.
7.3 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
7.4 To the extent permitted by law, we exclude all liability which we may otherwise have to you as a result of:
7.4.1 - any technical, factual, textual or typographical inaccuracies, errors or omissions on any information on our website;
7.4.2 - the unavailability of our website; or
7.4.3 - any delay in delivering the jewellery you purchase.
8. Warranties
8.1 You warrant and covenant that you will not:
8.1.1 use our website for any fraudulent or unlawful purpose;
8.1.2 use our website to defame, abuse, harass, stalk, threaten or violate the rights of others;
8.1.3 disrupt the operation of our website or the networks used to make our website available;
8.1.4 transmit in connection with our website any virus, worm, Trojan horse or other computer code that may damage the operation of our website;
8.1.5 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes the use of, or access to our website;
8.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble our website;
8.1.7 frame or mirror any part of the website without our express prior written consent;
8.1.8 create a database by systematically downloading and storing the content on our website; and
8.1.9 infringe any copyright, design right and intellectual property right in the jewellery available for sale on our website.
9. Indemnity
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
10. Termination
10.1 We may terminate your access to our website or registration immediately if you are in breach of any of these terms and conditions.
11. Intellectual Property
11.1 All intellectual property rights in the content, design, text, graphics and other material on our website are owned by us. Any authorised used without our prior written permission is strictly prohibited.
11.2 All trademarks, product names or logos used in our website are our property. No permission is given by us in respect of the use of any such trademarks, product names, logos or titles and such use may constitute an infringement of the holder's rights.
12. General
12.1 We reserve the right at any time without notice to revise the content of our website and these terms and conditions. Any changes to these terms and conditions will be posted on our website and by continuing to use our website following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
12.2 We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
12.3 We reserve the right at our sole discretion to deny users access to our website without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
12.4 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our website resulting from any event beyond our reasonable control.
12.5 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
12.6 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Last Updated: November, 2021