In case of any discrepancies between the English version and Chinese version of the Terms, the English version shall prevail.
1.1 In consideration of our allowing you access to this Website and the information, content or/and materials (including but not limited to trademarks, logos, information about the Goods, photographs, videos, sounds, music, artwork, images, software, applications, and links) displayed or made available on or accessible from this Website (collectively “Content”), you agree:
(a) not to use this Website or any of the Content for any illegal, improper, obscene or defamatory purpose;
(b) to ensure that all information which you provide is true and accurate to your best knowledge and not to impersonate any person;
(c) not to do any acts that may cause harm, inconvenience, disadvantage, abuse, damage or otherwise offend others and/or EWJ;
(d) not to interfere with, disrupt or create an undue burden on this Website;
(e) not to infringe any rights of EWJ (including but not limited to infringement of any intellectual property rights of EWJ in and of the Content); and
3 Liability and Disclaimers
3.2 EWJ tries to ensure that the Content are correct but accepts no liability for any errors or omissions and may change any of the Content from time to time without prior notice to you. You agree that you shall not rely on any of the Content and EWJ accepts no liability for such reliance.
3.3 We specifically disclaim and exclude any warranties of quality, merchantability or fitness for a particular purpose or the Content free from viruses, errors, omissions or infringement of any third party rights. You agree that your use of or access to this Website and the Content is solely at your own risk.
3.4 To the fullest extent permitted by law, we and our affiliates (including our respective employees, agents and representatives) exclude all liability (howsoever arising) for any cost, damage and loss, whether direct or indirect of any kind, including loss of revenue, loss of profits or any consequential loss, arising out of or in connection with use of or access to this Website or the Content.
4 Intellectual Property Rights
4.1 We are the owner and/or authorized user of the Content, including and specifically, all trademarks, trade names, business names, service marks, design marks, domain names, database rights, designs, patent, copyright and all other intellectual property (“Intellectual Property”) in any jurisdictions appearing on or contained within this Website (whether registered or not), unless otherwise expressly indicated.
4.2 Nothing herein nor your use of this Website shall be construed as granting, by implication or otherwise, you any licence to use or any right, title or interest of and/or in any of the Intellectual Property and the Content. You must not reproduce, transmit, publish, store, modify, adapt or otherwise use any of the Intellectual Property or the Content. We reserve our right to enforce our intellectual property rights.
5 Links to Third Party Sites
5.1 This Website may contain links to other independent third-party websites (“3-party Sites”) for your convenience. We do not have control over 3-party Sites and do not endorse the content of such 3-party Sites. We will not be liable for any loss or damage that may raise from your use of or reliance on any of 3-party Sites or for the content of these 3-party Sites.
6.1 You agree to indemnify and hold EWJ, its officers, directors, shareholders, employees and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against EWJ by any third party due to or arising out of or in connection with your use of this Website and/or Content.
7.1 If any provision of the Full Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of the Full Terms shall not be affected or impaired thereby and shall continue in force as if such illegal, invalid or unenforceable provision was severed from the Full Terms.
8 Third Party Right
9 Governing Law and Jurisdiction
10.1 In case of disputes, our decision shall be final and conclusive.
Conditions of Online Purchase
These terms and conditions (the "Conditions of Online Purchase") apply to your user account on and purchase of goods ("Goods") effected through this website eshop.emperorwatchjewellery.com ("this Website") owned and/or operated by Emperor Watch & Jewellery (“EWJ”, "we", "us" or "our").
Please note that for the convenience of customers in mainland China, our WeChat E-Store is exclusively for customers in mainland China to make online purchase and they cannot make purchase through this Website and this Conditions of Online Purchase does not apply to them. Customers in mainland China please visit our WeChat E-Store to purchase the Goods upon the terms and conditions as stated therein.
We may change the Conditions of Online Purchase from time to time without notice. You should visit this Website periodically to check the most current version. By continuing to maintenance of a user account or using our online purchase service through this Website, you agree to be bound by the most current version.
In case of any discrepancies between the English version and Chinese version of the Conditions of Online Purchase, the English version shall prevail.
1. General Terms
1.2 Information contained on this Website does not constitute any offer to sell, but just invitations to purchase.
1.3 EWJ tries to ensure that the information, content or materials (including but not limited to trademarks, logos, information about the Goods, photographs, videos, sounds, music, artwork, images, software, applications, and links) displayed or made available on or accessible from this Website (collectively “Content”) are correct but accepts no liability for any errors or omissions. The Content shall not be relied on and EWJ accepts no liability for such reliance.
1.4 By placing an order on this Website, you represent and warrant that you are a bona-fide end-use customer and will not re-sell, deliver or otherwise distribute the Goods for commercial purposes or any other commercial benefits.
2 Registration of User Account
2.1 To place an order for the Goods through this Website, you must register a user account with us on this Website.
2.2 Only individual who has reached the age of eighteen (18) and has legal capacity to enter into legally binding contract is eligible for registration of a user account and order Goods on this Website.
2.3 You warrant that the personal information which you provide when you register as an account user is true, accurate, complete and not misleading in any respect. You must inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
2.4 You are responsible for the security of your user name and password. In no event shall we responsible or liable for any unauthorized use of your user account by any other person.
2.5 We have the absolute discretion to refuse any registration of user account and to terminate any existing user account without any liability and giving any reasons.
2.6 You agree to full indemnify us against any and all losses, damages, costs and expenses arising out of or in connection with any access to and/or use of this Website and/or any activities referable to your User Account.
3 Placing Order
3.1 To place an order on this Website, please follow the order process as below:
(a) Login (or you can login any time before “Checkout”);
(b) Add the items you wish to purchase into “Shopping Cart”;
(c) Go to “Checkout”;
(d) Fill in the delivery details and then “Confirm”;
(e) Fill in the billing address and then “Confirm”; and
(f) Fill in the payment details and make payment.
3.2 To-door delivery of Goods is limited to the delivery address in Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong SAR”) or Macao Special Administrative Region of the People's Republic of China (“Macau SAR”) (except Non-Delivery Area). Self-collection at SF Store is also available for jewellery items, however, if our engaged courier service provider ceases or suspends to-door delivery service, we may provide an option of SF Store pick-up for timepiece items. Please refer to Section 5 “Acceptance of Orders and Delivery” for details.
3.3 Once you have confirmed your order and made payment, your order shall be deemed to be irrevocable and unconditional and no cancellation or amendment shall be allowed. Please check carefully before payment.
3.4 Quantity limits may apply in relation to certain items of the Goods per order, per day or per customer. We may also restrict the maximum aggregate monetary amount of each order and the number of orders you place per day.
3.5 We have absolute discretion to accept or decline your order without giving any reason even though you have fully paid for your order or received our order confirmation.
3.6 All orders placed are subject to availability and acceptance by EWJ at our sole discretion.
3.7 Notwithstanding anything herein to the contrary, EWJ reserves the right to refuse, withhold, cancel or terminate any orders at any moment for any reasons (including but not limited to incorrect price, out of stock, non-observance of any Conditions of Online Purchase in your purchase history, suspected fraud or unauthorized activities or circumstances outside our reasonable control, etc.) even though you have received order confirmation, delivery confirmation or paid for the order. If we refuse, cancel or terminate your order and payment has been made, we will refund any money we received from you by your original means of payment or such other method as we consider appropriate.
4.1 Unless otherwise specified herein, all prices quoted on this Website are in Hong Kong Dollars and exclusive of shipping costs, delivery charges, import and/or customs duties, sales tax, all applicable taxes, insurance charges and handling fees and are subject to change from time to time without prior notice.
4.2 We accept credit card (Visa and Mastercard). By paying your order by credit card, you represent and warrant that you are the legitimate holder of or have the authority to use such credit card. If your credit card is not denominated in Hong Kong Dollars, the exchange rate will be determined by your bank or credit card issuing company and/or other relevant parties (the “Bank”). The Bank may also charge you additional fees for making payment with your credit card.
4.3 Your payment will be made through a third-party online payment gateway which has its own security measures. We do not have control over the payment gateway and will not accept any liability. By making your payment, you are deemed to agree to the security measures adopted by such payment gateway.
4.4 EWJ will try to ensure all pricing information on this Website is correct and up-to-date but errors may occur. We shall have the right at our sole discretion to decline or cancel any orders placed for an item of Goods listed at an incorrect price without any liability.
4.5 Original invoice will be sent to your designated billing address. If your designated billing address is different from your designated delivery address, we reserve the right to charge you the additional mailing costs and our reasonable administrative fees.
5 Acceptance of Orders and Delivery
5.1 After your submission of and payment for your order, the system will send you an acknowledgment of your order to the electronic address you indicated during the ordering process. However, it does not confirm that we have accepted your order. When we accept your order and the items you ordered are ready for delivery, we will send you an e-mail delivery confirmation. This e-mail delivery confirmation is our acceptance of your order and therefore constitutes the contract of sale between you and us (“Contract”) governed by the present Conditions of Online Purchase.
5.2 For SF Store pick-up,
(a) it is available for jewellery items;
(b) however, when our engaged courier service provider ceases or suspends to-door delivery service, we will provide an option of SF Store pick-up for timepiece items as well;
(c) SF Store must be located in Hong Kong SAR or Macau SAR;
5.3 The For to-door delivery,
(a) it is available for all types of Goods;
(b) Delivery location is limited to Hong Kong SAR or Macau SAR only and we do not accept address within restricted areas as delineated by the government of Hong Kong SAR or Macau SAR from time to time, post office box, locker, hotel, library, vacant flat or similar locations (“Non-Delivery Area”) as delivery address. In the event of any disputes as to the Non-Delivery Area, our decision shall be final and conclusive;
(c) Delivery to the address specified by you shall be deemed due and proper delivery to you or such recipient as you specified during the ordering process; and.
(d) A standard delivery charge of per order will generally apply unless your purchase is over a designated amount. Please refer to our FAQ section for latest information. In case of any disputes, our decision shall be final and conclusive.
5.4 We reserve our rights to require the person who receives the order at the address specified by you to present their identity proof for our registration
5.6 In any event, if the Goods are still not or cannot be delivered to the delivery address as you specified or collected by you or the recipient you specified (as the case may be) within such reasonable period as specified by us for any reason whatsoever, we shall have the right in our sole and absolute discretion and without prejudice to our other rights and remedies, to:
(a) store such Goods at such place as we deem fit without any liabilities and arrange redelivery and charge you for an additional fee (including but not limited to our administrative costs, storage costs, insurance and additional delivery charges); or
(b) dispose of the Goods without any liabilities and you will not be entitled to any refund for any price paid.
In any event, you shall not be entitled to claim against us for any loss suffered.
5.7 We will endeavor to fulfill your order and deliver the Goods to you as soon as practicable and any delivery estimates given are estimates only. We make no guarantee or warranty as to the exact delivery date or no delay in delivery as it may be affected by factors beyond our control, e.g. severe weather, natural disasters or delay in custom clearance, etc. To the extent permitted by law, we shall not be responsible in any way for any loss or damages suffered by you or any person as a result of any delay or failure in delivery of the Goods or any damage of the Goods during transportation.
5.8 Please refer to “FAQ’ for the estimated delivery time.
6 Risk and Title to Goods
6.1 The risk in the Goods you purchased passes to you upon our delivery to the carrier.
6.2 Ownership of the Goods you purchased will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges or upon delivery to or collection by you, whichever is later.
7 Exchange and Return
7.1 Upon receipt of your order, please check the contents of the package to ensure they correspond with your order. Should you note any discrepancies or shortage, please contact us within 7 business days to make the necessary arrangements.
7.2 All the Goods purchased cannot be exchanged or returned for refund except the defective/damaged timepiece items provided that:
(a) All Goods exchanged or returned for refund must be brand new and unused with complete packaging (including but not limited to the relevant invoice, protective packaging and sleeves, labels, packaging box and all accompanying documents and items) in perfect condition;
(b) Personalized Goods cannot be returned or exchanged. This includes, without limitation, Goods that have been engraved or embossed and chains and bracelets that have been adjusted;
(c) No exchange will be made for the Goods which has been registered for warranty service (where applicable) or has undergone any repair;
(d) We will not accept any return or exchange if the Goods shows signs of wear, or has been used or altered from its original condition in any way or is damaged due to customer’s abuse or negligence;
(e) If you believe your ordered timepiece is defective/damaged, you must send your request with reasons (e.g. the details of defects/issues) and photos in support of your request to us within 7 days (including public holidays) after receipt of your order. Our staff will contact you on arrangement for return of your Goods to us for our checking and inspection;
(f) We may send your Goods to the relevant brand service center for checking or serving;
(g) We will contact you by email or such other means as we consider appropriate and inform you whether your request is valid and approved. If your request is approved, you have to return the complete original packaging (including but not limited to invoice, protective packaging and sleeves, labels, packaging box and all accompanying documents and items), where applicable, together with any gifts, items, redemption items and/or coupons with purchase (“Purchase Gifts”), each in brand new, unused and perfect conditions to our store according to our instructions. After exchange conditions are fulfilled, we will arrange for exchange or (if exchange is not feasible) refund money received from you in respect of the Goods returned by original payment method;
(h) All Purchase Gifts in a new and unused state and perfect condition must be returned together with the returned Goods. Otherwise, the retail value of the Purchase Gifts will be deducted from the refund;
(i) We determine, in our sole discretion, whether the Goods is defective/damaged and exchange conditions are fulfilled; and
(j) If you do not hear from us within 7 days after your request for exchange/return of the products, please contact us.
8 Liability and Disclaimers
8.1 The Conditions of Online Purchase set out the fullest extent of our obligations and liability in respect of this Website and sale of Goods.
8.2 Except as expressly stated otherwise and to the fullest extent permitted by law, this Website and the Goods are provided “as is” and we exclude all warranties and representations, express or implied, in relation to the Goods, this Website and the Content. We specifically disclaim and exclude any warranties of quality, merchantability or fitness for a particular purpose or the Content free from viruses, errors, omissions or infringement of any third party rights. You agree that your use of this Website is solely at your own risk.
8.3 To the fullest extent permitted by law, we and our affiliates (including our respective employees, agents and representatives) exclude all liability (howsoever arising) for any cost, damage and loss, whether direct or indirect of any kind, including loss of revenue, loss of profits or any consequential loss, arising out of or in connection with purchase of the Goods or use of this Website or the Goods or the Content.
8.4 Notwithstanding anything to the contrary in the Conditions of Online Purchase, our total liability to you or any other party for all losses and claims, whether in contract, tort or otherwise, arising out of or relating to the sale of the Goods under each Contract shall be limited to the total amount received by us from you for the Goods under such Contract.
9 Cause Beyond Reasonable Control
9.1 We shall not be liable for any delay or failure in our performance of our obligations due to or affected by any causes beyond our reasonable control (including but not limited to equipment failures, such as internet system failure).
10 No Assignment by You
10.1 You shall not assign, transfer or otherwise any of your rights and obligations under the Conditions of Online Purchase to any third party without our prior written consent.
11 Entire Agreement
11.1 This Conditions of Online Purchase embody the entire agreement between the parties in respect of online purchase through this Website and supersede all previous negotiations, representations and agreement between the parties.
12 Contact Us
12.1 For any enquiries or request for exchange or refund or request for repair and maintenance services, please email to us or contact our customer service hotline during 9:00 a.m. to 6:00 p.m. (Hong Kong time), Mondays to Fridays (except public holidays or in the event of a Black Rainstorm Warning/Tropical Cyclone Warning Signal No.8 or above).
13 No Waiver
13.1 Our failure to enforce or our delay in enforcing any of our right or remedy under the Contract shall not constitute a waiver of such right or remedy. No waiver by us is effective unless in writing and such waiver shall not affect any further or other exercise or the exercise of any other right and remedy by us.
14.1 If any provision of the Conditions of Online Purchase shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of the Conditions of Online Purchase shall not be affected or impaired thereby and shall continue in force as if such illegal, invalid or unenforceable provision was severed from the Conditions of Online Purchase.
15 Third Party Right
15.1 Save for our related companies and affiliates, any person who is not a party to the Conditions of Online Purchase has no right under Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Law of Hong Kong) to enforce any right of the Conditions of Online Purchase.
16 Governing Law and Jurisdiction
16.1 The Conditions of Online Purchase shall be governed by and construed in accordance with the laws of HKSAR and the courts of HKSAR shall have non-exclusive jurisdiction to resolve the disputes.
17.1 In case of disputes, our decision shall be final and conclusive.