Terms and Conditions of Sale
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A
DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases by Home,
Home Office, and Small Business customers from the entity named Love My Pearls Ltd.
on the invoice ("Love My Pearls") that will be provided to you ("Customer") on orders
for cultured pearl jewelry and/or related products sold from Hong Kong. You
agree to be bound by and accept this agreement as applicable to your purchase of
product(s) or service(s) from Love My Pearls. By using the Love My Pearls
Website (www.love-my-pearls.com) and submitting orders to the systems of Love My
Pearls, the Customer agrees to be bound by and accepts these terms and
conditions.
THESE TERMS AND CONDITIONS APPLY
(i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH LOVE MY
PEARLS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR
(ii) UNLESS OTHER LOVE MY PEARLS STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any
time, at the sole discretion of Love My Pearls.
1. Other Documents
Other than as specifically provided in any separate formal purchase agreement between
Customer and Love My Pearls, these terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for product(s) which is
subject to additional or altered terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed by both Customer and Love My
Pearls.
2. Governing Law
THE PURCHASE OF ITEM(S) THROUGH OUR WEBSITE SHALL BE DEEMED TO BE A CONTRACT MADE
UNDER HONG KONG LAW AND GOVERNED BY THE LAWS OF HONG KONG. THE CUSTOMER AGREES
TO SUBMIT TO THE JURISDICTION OF THE HONG KONG COURTS AND TO ABIDE BY ALL APPLICABLE
LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. THE LOVE MY
PEARLS WEBSITE SHALL BE DEEMED TO BE A CONTRACT MADE UNDER HONG KONG LAW AND GOVERNED
BY THE LAWS OF HONG KONG. THE CUSTOMER AGREES TO SUBMIT TO THE JURISDICTION OF
THE HONG KONG COURTS AND TO ABIDE BY ALL APPLICABLE LOCAL, STATE, NATIONAL AND
INTERNATIONAL LAWS AND REGULATIONS.
3. Payment Terms; Orders; Quotes; Interest
Terms of payment are within the sole discretion of Love My Pearls, and unless
otherwise agreed to by Love My Pearls, payment must be received by Love My Pearls
prior to acceptance of an order by Love My Pearls. Payment for the products
will be made by credit card, wire transfer, or some other prearranged payment method,
unless credit terms have been agreed to by Love My Pearls. Invoices are due and
payable within the time period noted on the invoice, measured from the date of the
invoice. Love My Pearls may invoice parts of an order separately. Orders
are not binding upon Love My Pearls until accepted by Love My Pearls. Any quotations
given by Love My Pearls will be valid for the period stated on the quotation.
Customer agrees to pay interest on all past-due sums at the highest rate allowed by
law.
4. Shipping Charges; Taxes
The prices of the item(s) ordered are displayed at the Website of Love My Pearls and
in the Customer's shopping cart, and are quoted in US Dollars ("USD"), or next to
another local currency (depending on the selected region Website). The prices
displayed exclude any form of taxes. All taxes and custom duties which may be
incurred in the process of shipment at the destination country shall be borne by the
Customer. The delivery charges payable shall be calculated in Customer's
shopping cart. Love My Pearls uses third parties for the delivery of the items.
Items will be delivered to the address provided by the Customer. Whilst Love My
Pearls takes all efforts to procure the expeditious delivery of the items to the
Customer, Love My Pearls does not represent or warrant that the items will be
delivered to the Customer within the time frames quoted on the Love My Pearls
Website. The delivery time frames specified in the Customer's shopping cart are
indicative only and shall not be an obligation on Love My Pearls or the carrier. If
the Customer fails to take delivery of the items or fails to enable Love My Pearls or
the carrier to make delivery (whether by refusal or failure to provide any or proper
instructions, authorization, information, payment, etc), delivery shall be deemed to
have taken place upon the carrier or Love My Pearls giving notice to the Customer of
such delivery, whereupon risk in the items shall pass immediately to the Customer.
The Customer shall reimburse Love My Pearls all costs and expenses (including but not
limited to transport, storage and insurance charges) incurred by Love My Pearls as a
result of the Customer's failure or refusal to take physical delivery.
5. Title; Risk of Loss
Title to product(s) passes from Love My Pearls to Customer on shipment from the Love
My Pearls facility. Loss or damage that may occur during shipping by a carrier
selected by Love My Pearls is Love My Pearls' responsibility. Loss or damage that
occurs during shipping by a carrier selected by the Customer is the Customer's
responsibility.
6. Warranty
Love My Pearls will repair faulty items for free excluding 50% of shipping costs,
with choice of shipping method at the discretion of Love My Pearls, for one year from
the date of shipping. After this period, Love My Pearls may repair items at its
discretion for a per-piece cost depending on repairs to be done, with shipping costs
borne by the Customer.
7. Return Policies; Exchanges;
Refunds
In case the Customer is not fully satisfied with the item purchased, Love My Pearls
will issue a full refund for a period of 30 days from the date of reception of the
order by the Customer. Such refunds will be made only after reception of the
merchandise to be refunded by Love My Pearls.
If Love My Pearls makes an error and ships the wrong product, Love My Pearls will
replace it with the correct item and pay for any extra shipping costs. If at that
time the correct item is temporarily out of stock, Love My Pearls will fill the order
when the item is back in stock. If Love My Pearls cannot fill the order at all, a
store credit or refund will be authorized at the Customer's request. Due to
limited stock, replacement products may not be available and cannot be guaranteed.
The Customer is responsible for shipping costs of all returns unless where otherwise
mentioned in these terms. All returns must be sent via a courier that issues a
tracking or registered control number, unless otherwise requested by Love My
Pearls.
8. Products
Love My Pearl's policy is one of ongoing product line update and revision. Love My
Pearls may revise and discontinue products at any time. Love My Pearls does its
absolute best to ensure that the thumbnail and product images of the item(s)
materially resemble the item(s) delivered to the Customer. However, due both to
the unique nature of cultured pearls and to differences in computer monitors and
variance in monitor resolution settings, the colors seen on screens may not be the
exact color of the item(s) received. These limitations are beyond Love My
Pearls' control, and as such Love My Pearls is not responsible for any such slight
differences or slight non-conformity of the item(s) delivered to the Customer as
compared to the images of the item(s) as shown on the Website.
10. Limitation of Liability
LOVE MY PEARLS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. LOVE MY PEARLS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES, LOVE MY PEARLS IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
11. Service and Support
Love My Pearls endeavors to provide the best customer experience and customer support
attainable. Love My Pearls promises Customers that its support people will,
figuratively, move mountains and seas when handling any problems involving Love My
Pearls items, via email and via other available support methods. Love My Pearls
has no obligation to provide service or support until Love My Pearls has received
full payment for the product or service/support contract for which service or support
is requested.
12. Headings
The section headings used herein are for convenience of reference only and do not
form a part of these terms and conditions, and no construction or inference shall be
derived therefrom.
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