ScHEiNEN Jewelry

Services Terms of Use

Effective as of August 10, 2020

Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the "Services"). ScHEiNEN ("ScHEiNEN", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this ScHEiNEN Services Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and ScHEiNEN. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

 

1. 1. Ability to Use the Service

In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 13 years of age in all other Authorized Jurisdictions ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant ScHEiNEN the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

2. Registration

Customers intending to place orders at the Online Shop are suggested to register to use the Online Shop. Upon successful registration of your customer account and purchases of ScHEiNEN merchandise, you agree to be bound by the Service Terms of Use as well. When you register you warrant, represent and undertake that the information you provided about yourself is true, accurate, current, and complete in all respects.

 

You shall ensure that the account password is unique and kept secure, and you must notify ScHEiNEN immediately of any breach of security or unauthorized use of your account.

 

Please refer to our Privacy Policy for information about how we use your personal data. We agree to use your personal data collected from your registration of an online account and your use of the Services only in accordance with our Privacy Policy.

3. 3. Eligibility to purchase

In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address, and other requested information as indicated. Furthermore, you may be required to provide billing and payment details. When you submit the billing and payment details, you represent, warrant, and undertake that they are valid and correct and that you are the person referred to in the information provided.

In order to make purchases in the Site, you must meet our conditions of eligibility:

• Eligibility to criteria set out in Clause 1 above
• Be in possession of a valid credit/debit card issued by a licensed bank acceptable to ScHEiNEN for payment.

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

4. 4. Order Process

All orders that you place in the Site will be subject to acceptance in accordance with these Terms and Conditions.

 

ScHEINEN reserves the right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, any of the following:

- The product you ordered is out of stock, or is withdrawn;

- Our inability to obtain authorisation for your payment

- The identification of an error within the product information, including price or promotion

- You do not meet the eligibility criteria set out in Clause 3 above

 

When you place an order in the Site we shall email you an acknowledgement detailing the product you have ordered. This email is not an order acceptance from ScHEiNEN, and does not create any contract between you and us. You may cancel the order placed by you before the issuance of an Acceptance Email (defined below), except for engraved orders in which cancellation may only be made before the ordered item is engraved and shall be subject to the consent of ScHEiNEN.

 

All orders are subject to stock availability and confirmation of the order price. No contract of sale and purchase of goods exists between you and ScHEiNEN until we have received and accepted your order and we send you an email (""Acceptance Email"") to confirm that the goods you ordered have been dispatched. Once we send you an Acceptance Email, there is a binding legal contract between you and us. The contract shall be deemed to be entered into in Hong Kong.

 

If there is any problem with your order, our Customer Service team will try to contact you as soon as possible.

 

5. 5. Product availability/Information

Products featured on the Site have been carefully selected for sale on the Site. Once an item is sold out it will be taken off the Site at the earliest opportunity. Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before the issuance of the Acceptance Email we shall notify you as soon as possible and we shall refund to you the payment you have made for the out of stock item. We shall not be obliged to make any additional payment for disappointment suffered.

 

We endeavor to be as accurate and complete as possible in relation to product description and the content. However, we do not warrant that product description or any content is accurate, complete, current, or error-free. We reserve the right to refuse to accept your order or cancel the contract (if any) between you and ScHEiNEN if any of the products you have ordered were listed in the Site at an incorrect price due to typographical error. In such event, we shall refund you the payment you have made for the ordered product.

 

You are expressly reminded that the colour, textures or finishes, size, aspect, and scale of the display of a product may vary depending on the type of computer monitor you use and its settings. We are therefore unable to guarantee that the product images are accurate representation of the actual merchandise. Please refer to Clause 10 if you are unhappy with your purchase.

 

6. 6. Pricing

All products in the Site will be based on Hong Kong Dollars (HKD) and other currencies displayed are for reference only.

Prices displayed in the Site at the time your order is accepted will be honoured except when the prices are incorrect due to typographical error. Whilst we use our best endeavours to ensure that all prices appearing in the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover that any product that you have ordered has been listed at an incorrect price due to typographical error at the time you placed the order, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order if we do not elect to refuse to accept the order or to cancel the contract (as the case may be). If we are unable to contact you, we will refuse to accept the order or cancel the contract (as the case may be).

ScHEiNEN endeavours to ensure that all merchandise offered on the website is available at the same price. However, from time to time we may run different promotions or special offers exclusively.

Taxes and duties applicable to your order:

• Hong Kong orders are not subject to local taxes and duties.
• Should you request delivery of your order to a location outside Hong Kong, taxes and duties including Value Added Taxes (VATs) may be applicable depending on the country of import (“Taxes”). You shall ensure that the import complies with all applicable laws and regulations.

• You shall be fully liable for due payment of all Taxes, which is necessary for the release of the purchased goods by the Customs upon arrival.  Our carrier will contact you about the details of the Taxes payable (Note: the estimated Taxes are for reference only and the actual amount of Taxes payable may differ).  Without prejudice to any other legal remedies we may have, no delivery will be made unless you have paid the Taxes in full to the relevant tax authorities, or to us or any third party (in case Taxes are paid on your behalf).

• No Taxes paid will be refunded upon returns and exchange.

Delivery Costs:
You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in the Site.

Insurance Costs:
You may be required to pay extra for insurance according to your request. The cost may change according to your purchase of Merchandise and your address given to us for delivery. Our insurance charges are set out on the Site.

7. 7. Payment

Payment can be made by Visa, MasterCard, PayPal, American Express, Discover, Maestro, Google Wallet, or any other methods which may be stated in the Site from time to time.

Payment is to be made in Hong Kong Dollars (HKD). International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.

All payments for products will be debited immediately when the order is placed. By placing an order using one of the above payment methods, you confirm that the payment instrument used is yours or that you have been specifically authorised by the owner to use it. If the issuer of your payment instrument refuses to authorise payment to ScHEiNEN, we shall be entitled to refuse to accept your order.

By placing an order for a product, you specifically authorise us to transmit relevant information (including any updated information) to third parties or to obtain information about you from third parties from time to time for purposes, including, but not limited to, authenticating your identity and authorising individual purchase transactions; and you specifically authorise us to transmit your information to the delivery carrier to enable it to arrange delivery of your product to your selected delivery address.

Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. ScHEiNEN assumes no liability or responsibility for the payment of any charges you may incur.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site. The Site uses industry standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details. Your credit card information is passed onto the banks under this technology without any copy being made in our server.

8. 8. Shipping and collections

We shall deliver the goods you ordered (the order of which has been accepted by us) ("the Merchandise") to the address you give when you place your order.

 

We endeavour to dispatch the Merchandise within 2 to 3 business days (1 additional business day for engraved orders) after the order has been placed and accepted by us. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ScHEiNEN is not responsible for any delays caused by destination customs clearance processes and unforeseen factors or events outside our control, including, without limitation to extreme weather, flood fire, pandemic or theft etc.

 

Products shipped internationally may not be designed in accordance with destination country standards, specifications, and labelling requirements. The customer is responsible for determining whether the products can be lawfully and legally imported into the destination country.

 

ScHEiNEN will not ensure each Merchandise during the time it is in transit. All Merchandises are off our liabilities during the export and delivery of Merchandise, at which point the risk of loss of the Merchandise passes to you. If needed, insurance can be provided to ensure the Merchandise will be delivered to the address you give when you place your order. Additional fees are collected with the extra services. Customers should inform us on the request of insurance before the issuance of the Acceptance email. Any late notice will not be considered, and customers are liable to any loss or damage after the Merchandise exported from ScHEiNEN.

 

If the recipient or collector is not the original purchaser, such as in the case of a gift delivery, then you agree that all liabilities during the Merchandise transit are owning to the original purchaser (as stated above). The Acceptance email shall constitute evidence of delivery and fulfilment of your order, as well as the passing of risk to the original purchaser. ScHEiNEN is not responsible for any loss during the delivery of the Merchandise.

 

If delivery cannot be made to your address, we shall be entitled to refuse to accept your order or cancel the contract (as the case may be), and in such an event, we shall refund you the payment you have made for the goods.

 

9. 9. Promotion codes

Promotion codes and vouchers will be offered to customers by ScHEiNEN from time to time which usage shall be subject to their respective terms and conditions of use at the relevant time as may be decided by ScHEiNEN. The aforesaid promotion codes and vouchers are non-transferable and cannot be redeemed as cash. Furthermore, they cannot be used in conjunction with any other promotion codes or offers and must be redeemed by the date published, if provided.

10. 10. Returns and exchanges

For details of the return and exchange of Merchandise, please refer to our Policy of Return and Exchange of Merchandise.

11. Prohibitions and failure to comply

ScHEiNEN reserves the right to terminate any online shop account at its sole discretion. We may take action against you for activities including, but not limited to:
- Submitting material (including, but not limited to text, images, music or video) of which you do not have the full right to grant any license.
- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
- Advertising or sending unsolicited messages of any kind.
- Impersonating others or providing any kind of false information.
- Starting or forwarding chain letters of any kind.

 

We shall send you an email to inform you of the termination of your account in such an event.

12. Trademarks and copyright

The Site provides information about us and the products and services we offer. The copyright in all contents of the Site, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the "Content") is owned by us or licensed to us by other members of the Group or third parties. All trademarks, trade names, and/or logos used in the Site are our property or those of other members of the Group or third party licensors. To the extent that any trademarks in the Site are not owned by or licensed to the Group, such trademarks are used for identification purposes only.

 

Except as provided in these Terms, your use of any Content, trademarks or devices without the written permission of the relevant owner(s) is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution.

 

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by ScHEiNE and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorisation of ScHEiNE. Any such unauthorised actions may result in civil consequences or criminal penalties.

 

ScHEiNE reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

13. Third party links

The Site may include links to other websites or resources that are not operated or prepared by the Group. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them. Such links are provided for your convenience and we do not warrant they are free of viruses or other harmful components.

We are not responsible for the content or accuracy of any off-Site pages, which include but are not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

14. Your rights

Nothing in these Terms is intended to affect your rights under the mandatory laws of Hong Kong.

15. Liability

Views expressed in any media by the designers or third parties, whose products are sold in the Site or with whom we are associated, are their own. We take no responsibility for any such views as they do not necessarily reflect ours.

We do not warrant or represent that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. Some events may happen beyond our reasonable control. ScHEiNEN makes no representations or guarantees that the services will be free from loss, destruction, damage, corruption, attack, viruses, pandemic, interference, hacking, or other security intrusions, or will not contain content you deem offensive, indecent, or otherwise objectionable, and ScHEiNEN disclaims any liability relating thereto.

Customers should apply the Merchandise according to the intended use. The Service is not responsible for any defenses owning to consumer’s misuse, improper, not intended, expected or anticipated use of the merchandise. The defense of Merchandise misuse would not prevent recovery for the injuries, and customers are responsible for correlated liabilities.

We have no control over any third parties’ system or after the export of Merchandise (stated in Clause 8 and Clause 13). Any loss or damage caused by third parties and after export from us are not liable to ScHEiNEN. Customers should contact the third party responsible directly or are responsible for respective liabilities. ScHEiNEN will provide related information and documents to the court if needed.

We reserve the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

16. Indemnity and waiver

At our request, you agree to compensate us fully and hold us, ScHEiNEN (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you. Such breach includes your failure to ensure your account password is kept secure.

No failure or delay by us in exercising our right, power or remedy hereunder shall operate as a waiver of it nor shall any partial exercise preclude any further exercise of the same, or some other right, power or remedy.

17. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong will have exclusive jurisdiction in the event of any dispute or claim associated with these Terms.