Terms of Sale – TAYMA Online Purchase

 
  1. Introduction

It is important that you read these Terms of Sale (“Terms of Sale”) carefully before ordering any products (“Product(s)”) from our website (“Website”). Together with our privacy policy, our Terms of Use and our Terms of Sale, they govern our relationship with you in relation to this Website and your purchase of our Product(s) from this Website. If you have any questions about these Terms of Sale, please contact our Customer Service by email at tayma@taymajewellery.com or by telephone on +852 2525 5280.

 
  1. [Please click on the button marked “Accept” at the Order Confirmation section of the Website] before placing your order with us (“Order”) to show your acceptance of these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale and our privacy policy, you will not be able to order any Product(s) from our Website.

 
  1. Our details

We are [Tayma Page and Associates Limited] (“we”, “us” or the “Company”), a company registered in Hong Kong. Our registered office is 9D Ho Lee Commercial Building 38-44 D'Aguilar St, Lan Kwai Fong, Central, Hong Kong and our registration number is 0316699.

You can contact us by email at tayma@taymajewellery.com or by telephone on +852 2525 5280.

 

  1. The Website to which these Terms of Sale apply and for which we are responsible are www.taymafinejewellery.com.

 

  1. Who can purchase from us

To purchase from this Website you must be over 18 and a resident of Hong Kong Special Administrative Region (“Hong Kong”) and be able to provide a valid billing and shipping address in Hong Kong. We do not ship outside of Hong Kong. If you are not a resident of Hong Kong or would like to ship to a place outside Hong Kong, please contact us by email at tayma@taymajewellery.com or by telephone on +852 2525 5280.

 

  1. Making an order and acceptance of order of Products

 

  1. Orders are submitted via the Website in the following manner:-

 

(i)        once you are ready to make an order for purchase (“Order”), you must click on ‘add to Shopping Bag’ to add the Product you wish to purchase to your Shopping Bag. When you are finish with all of your purchases, you can proceed to checkout by clicking ‘proceed to purchase’ to log into our secure servers to complete your Order.

 

(ii)       If it is your first purchase on this Website, you will be required to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone else. You will then be asked to input your address. The address that you register with must be the address that corresponds to the mailing address of the credit card you are using to pay for the relevant Order, however you can use a different delivery address. You will also be asked to indicate if you consent to our use of your personal information in accordance with our privacy policy, and our use of your personal information for direct marketing purposes at such time as well.

 

(iii)      If you have already registered an account with us, you may enter your login details to access your account.

 

(iv)      Once you have logged in, you must select your preferred method of delivery (if any delivery charges are payable these will then be added to the amount you will be charged), confirm you wish to make an Order and consent to the Terms of Sale and our privacy policy. You will then be asked to confirm your address and input your payment details.

 

(v)       Once you have completed compiling your Order, you will be asked to confirm if your Order is correct. If it is not correct, you can revisit your Order and make amendments to your Order before re-confirming and re-submitting your Order to us. It is your sole responsibility to ensure the correctness of your Order at all times.

 

(vi)      After you have submitted your Order, we will then send you a confirmatory email to acknowledge that we have received your Order (the “First Confirmatory Email”). This email will be sent to the email address you have registered with us.

 

(vii)     After the sending of the First Confirmatory Email, we will check to make sure we are able to fulfil your Order. If and when we are able to do so, you will then receive a second email from us confirming your Order, confirming dispatch of the Product(s) to the delivery address you have requested and giving you an estimate time frame for delivery (the “Second Confirmatory Email”). This email will be sent to the email address you have registered with us. On or shortly after the issuance of the Second Confirmatory Email, we will process the payment details you have provided us to take payment for your Order. You will not be able to cancel, rescind and/or revoke your Order once we have issued the Second Confirmatory Email.

 

(viii)    You should check both the First Confirmatory Email and the Second Confirmatory Email for accuracy and let us know immediately if there are any errors. Your Order will be accepted by us when we send the Second Confirmatory Email to you confirming your Order and dispatch of the Product(s) and at such time contract between you and the Company is formed (the “Contract”). [Ownership of the Product(s) will pass to you on dispatch of the Product(s) by us.]

 

  1. Payment

 

  1. The prices indicated on our Website at checkout include all Hong Kong taxes (if any), which may be payable in respect of the Product(s) and the applicable insurance (if any) and delivery charges.

  2. All payments must be made at the time of dispatch of the Product(s) to you.

  3. Payment for all Product(s) must be by Paypal or credit card only. For credit card payment, we accept payment with [Visa, MasterCard, and American Express]. If we are unable to accept your Order for any reason then we will, at our option, either not charge your credit card or Paypal account or refund any money paid by you in respect of that Order. We will not dispatch the Product(s) until we have received payment in full.

  4. Prices are liable to change at any time, but changes will not affect Orders which we have already confirmed as described above.

  5. For payment using Paypal, [you must select your payment option as payment by Paypal when you proceed to make your purchases. Shortly after you receive the Second Confirmatory Email, we will send you a Paypal Payment Request Email in which you will be able to procure payment for your Orders via Paypal by clicking onto the ‘Pay Now’ link in such email, following which you will be redirected to the Paypal website and be guided make payment on your Orders.

  6. For payment by credit card, all credit card holders may be subject to authorization and authentication. If the issuer of your credit card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

  7. We will not be able to accept payment from you if:-

 

(i)        for payment by credit card, if the account name and billing address of the credit card you are using for payment are different to your name and mailing address registered on our account for this Website; or

 

(ii)       for payment by Paypal, if the account name of the Paypal account you are using for payment is different to your name registered on our account for this Website.

 

  1. By providing your relevant personal information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, credit card or Paypal accounts or other payment details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorizations for your payments for Product(s).

 

  1. Collection and Delivery of Products

 

  1. We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within 7 working days but we cannot give an exact delivery date.

  2. If we have not delivered the Product(s) within 14 working days days from your receipt of the Second Confirmatory Email or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.

  3. If you have elected to appoint a forwarder to ship the Product(s) to a destination outside of Hong Kong, we will delivery the Product(s) to your forwarder’s Hong Kong office in accordance with your instructions. The Product(s) shall be deemed to have been received by you upon being received by your forwarder in Hong Kong. Your rights with regards to the delivery of the Product(s) from Hong Kong to your final place of destination shall be governed by the terms and conditions between you and your forwarder. You acknowledge that we are not responsible for any act on the part of your forwarder and that you together with your forwarder shall be responsible to comply with all relevant custom and import regulations and pay all relevant custom and/or duties in relation to your arrangement with your forwarder for shipping the Product(s) to your final place of destination outside of Hong Kong. We disclaim any liability whatsoever and you assume all risk and liabilities associated with the use of your forwarder or such delivery outside of Hong Kong.

In the event that the delivery of Product(s) is returned to us for any reason including incorrect address, a P.O. Box, a hotel address, failed delivery attempts, refusal to pay applicable payments (if any), refusal to provide identification documents, or delivery refused by recipient, we will contact you as soon as possible to arrange for redelivery of the Product(s) at your own costs, or collection of the Product(s) at our shops. A handling fee of HK$800 will apply. If we are unable to contact you within [thirty (30)] calendar days from the date the Product(s) was returned to us, we will deem that you have unilaterally cancelled the Order and will issue a refund on the Product(s) but deducting a handling fee of HK$800.

 

  1. Unless we agree otherwise, Product(s) to be collected at our shop can only be collected by you personally only.

  2. Notwithstanding the provisions herein and to the extent as permitted under the applicable law, we reserve the absolute right to treat any fully paid Product(s) not collected for a period exceeding six (6) months from the date of the relevant Second Confirmatory Email of such Product(s) as abandoned and dispose such Product(s) in any manner as we deem fit.

 

  1. Damaged or Defective Product(s) and Exchange Policy

 

  1. Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our Product(s).

  2. You should inspect the Product(s) when you receive it for defects or damage. If you find a defect or damage you must inform us immediately and return the Product(s) together with its original invoice to our shop at your own costs within [five (5)] calendar days from your receipt of the Product(s) from delivery. If the Product(s) was found to be damaged prior to delivered to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) (where at our absolute discretion we view as reasonable to do so and at no charge to you), provided that you have not worn or used and damaged the Product(s). Any delivery charges for the delivery of the repaired or replaced Product(s) shall be borne entirely by you. Unless as otherwise specified herein, we do not accept return of Product(s) for refund in any circumstances. Unless as otherwise agreed by us, we will only accept application for return and exchange of Product(s) by you (as the person named in the Order and our sale invoice of the Order) only.

  3. Subject to provisions contained herein and to the extent as permitted under the applicable law, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Provided you have paid us the full purchase price of your Order of Product(s), our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product(s) you purchased for the applicable Order. For the avoidance of doubt, we are not responsible for any indirect losses or foreseeable losses, including but not limited to any loss of income or revenue, loss of business, loss of profits or contracts, or loss of anticipated savings.

  4. We are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

 

  1. Compliance with laws

 

The Company is a company incorporated under the laws of Hong Kong. We operate in Hong Kong and comply with all the laws and regulations of Hong Kong. All our Product(s) are in compliance with all of the requirements and specifications under the laws of Hong Kong. We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers.

 

  1. Product(s) are for personal use only

 

Product(s) sold through this Website are for customers’ personal use only and shall not be commercially resold. We may refuse any Order which we suspect is for commercial resale.

 

  1. Indemnity and limitation of liabilities

 

  1. You agree to indemnify, defend, and hold harmless the Company from and against all losses, expenses, damages and costs (including legal fees) arising from any breach of these Terms of Sale or any other activity by you in connection with your placement of an Order or your purchase of Product(s) through this Website.

  2. In the event that this disclaimer is held to be unenforceable, the total liability of the Company, if any, for losses and damages shall not exceed the amount you paid for the particular service or product upon which liability is based.

 

  1. Privacy policy

 

You agree to our use of your information in accordance with our privacy policy as contained in this Website by placing an Order with us and accepting our Terms of Sale.

 

  1. Other Information

 

  1. We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you print a copy of them for your information. You can download a pdf version of these Terms of Sale by clicking [here].

  2. The Contract and all communications between you and the Company will be conducted in the English language.

  3. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any terms of these Terms of Sale will governed by the law of Hong Kong.

  4. The Hong Kong courts will have non-exclusive jurisdiction for settling any dispute which may arise out of or in connection with these Terms of Sale or use of the Website.

  5. If any provision of these Terms of Sale is found to be invalid or unenforceable by any competent court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.

  6. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

 

 

Terms of Use – TAYMA Online Purchase

 

  1. Introduction

Welcome to www.taymafinejewellery.com (“Website”), which is a site which is operated by [Tayma Page and Associates Limited] (“we”, “us” or the “Company”), a company registered in Hong Kong. Our registered office is 9D Ho Lee Commercial Building 38-44 D'Aguilar St, Lan Kwai Fong, Central, Hong Kong and our registration number is 0316699.

 

  1. Your use of this Website is subject to these Terms of Use (“Terms of Use”), which provides you the basis on which you may make use of our Website.

  2. Your purchase of products which we supply to you through this Website (whether orders are placed online or over the phone) (“Product(s)”) is subject to the Website Terms of Sale (“Terms of Sale”).

  3. Please read these Terms of Use carefully. Together with our privacy policy and, if you purchase Product(s) through our Website, our Terms of Sale, they govern our relationship with you in relation to this Website. If you have any questions about them or do not wish to accept them, please contact our Customer Service department by email at tayma@taymajewellery.com or by telephone on +852 2525 5280 before using or accessing this Website.

  4. We may and reserve the right to change these Terms of Use at any time by updating this page. You should check this page from time to time to review these terms to see if you are agreeable to these changes. Using or accessing this Website indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, please stop using this Website immediately.

 

  1. Your use of this Website

 

  1. This Website is made available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this Website at any time.

  2. We may withdraw or deny access to this Website in our absolute discretion at any time in relation to a user who we believed to have breached any of the terms contained in these Terms of Use or is in violation of any applicable law or is harmful to this Website or a third party.

  3. This Website may currently only be used as an online shopping platform or to conduct online communications. You may not distribute or commercially exploit this Website or any part of its content (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of the online communication features of this Website (if any) may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise). We reserve the right (but without the obligation or liability) to prohibit or remove any such material.

 

  1. Your username and password

 

If you choose, or you are provided with, a user identification code, password or any other information being part of our security procedures, you are required to keep such information safe and treat such information as confidential, and you shall not disclose such information to any third party.

 

  1. Trademarks, service marks, copyrights and other Website content

 

  1. The trade marks Tayma and Tayma Fine Jewellery are owned by the Company and all rights in them are reserved. All graphics, logos and trade marks and other intellectual property rights of the Company and its affiliates and subsidiaries may not be used without the prior written consent of the Company and its affiliates and subsidiaries.

  2. This Website and all of its contents including, without limitation, all text, design, graphics, logos, button icons, images, software, audio visual materials, software source code, trade marks photographs, written materials and any other form of material; any improvement or modification to such content; any derivative works thereof; the collection and arrangement of all contents in this Website (“Website Content”) is owned by us or licensed to s by third parties. The copyright and all other intellectual property rights in all Website Content are owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by the Terms of Use are reserved.

  3. Except with the written consent of the Company, unauthorised use, modification, distribution, and/or transmission of the Website Consent is strictly prohibited.

 

  1. No warranty

 

  1. We make no warranty, express or implied, with respect to this Website and the Website Content, which are provided on an ‘as is’ basis. In particular, we make no warranty that this Website and the Website Content will meet your requirements or that they will be error free, uninterrupted, timely, secure, virus-free, accurate or reliable.

  2. You understand and agree that any data downloaded or obtained through this Website is done at your own discretion and risk and that you are solely responsible for any damage done to computers or your systems, including the loss of data resulting from the download of such data. Due to the intrinsic nature of the internet, data transmitted are not protected against the risks of misappropriation and/or piracy, for which we shall in no event be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.

 

  1. Our liability to you, limitation of liability and indemnification

 

  1. We are only liable to you for losses which you suffer as a direct result of a breach of these Terms of Use (including our privacy policy) by us. In no event shall we be liable in respect of your accessing or using of this Website for any damages, either direct or indirect, including but note limited to the loss of goodwill, loss of data, loss of profit, loss of revenue, loss of interest or interruption to business. Except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.

  2. You agree to indemnify, defend, and hold harmless the Company from and against all losses, expenses, damages and costs (including legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your accessing and using of this Website.

  3. In the event that this disclaimer is held to be unenforceable, the total liability of the Company, if any, for losses and damages shall not exceed the amount you paid for the particular service or product upon which liability is based.

 

  1. Links to other sites

 

We may make available on this Website a link to a third party’s website. These links will let you leave our Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links only as a convenience and do not endorse the site or its use or contents.

 

  1. Privacy policy

 

You agree to our use of your information in accordance with our privacy policy contained in this Website by accessing this Website.

 

  1. Modification of terms

 

These Terms of Use and any Website Content may be modified from time to time at the absolute discretion of the Company.

 

  1. Governing law

 

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. You irrevocably agree that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms of Use.