Acceptance of Contract Terms
The following are terms of a legal agreement between you and Love My Pearls Ltd. (“Love My Pearls”). By accessing, browsing and/or using this website (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Love My Pearls from its offices within Hong Kong. Love My Pearls makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Hong Kong.
The copyright in all material provided on this Site is held by Love My Pearls or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Love My Pearls or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without the written permission of Love My Pearls , “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Government Restricted Rights
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Love My Pearls’s proprietary rights in them.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Love My Pearls BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Love My Pearls OR A Love My Pearls AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Love My Pearls or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Love My Pearls will be handled in accordance with Love My Pearl’s Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions
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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
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.
- 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.
- 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.
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.
- Other Documents