Term & Condition
1.1
MIRACLE Fine Jewellery Official Online Store (website: https://www.miraclefinejewellery.com, hereinafter referred to as “eShop”), the ownership and authority to operate all e-services thereof are attributable to Blossom International Trading Limited (hereinafter referred to as “MFJ” or “we” or “Company”). This Terms and Conditions do not apply to sales via other third-party online channels authorized by us. You have to fully agree with all terms and conditions and complete the account registration to become a user of eShop before using our services.
1.2
In case of any difference or discrepancy between Chinese and English versions, the English version shall prevail.
2. User Registration2.1
User eligibility: eShop’s individual users must be 18 years old or above and bear legal capacity to conclude legally binding contracts; for those that fail to meet requirements set out hereinbefore, we shall not render relevant services. Underage individuals may access and browse our website but shall not be eligible to buy our products online.
2.2
For eShop-based online services, by successful registration as a user of eShop, you agree and declare as follows:
• Providing accurate and complete personal information.
• Constantly updating the registration information and provide us with timely, detailed and accurate information as required.
• eShop will not disclose any user’s name, address or e-mail, save and except:
(1)
Users authorize us to disclose the said personal information.
(2)
We are compelled by any judiciary authority through legal process to offer users’ personal information.
2.3
While registering as eShop users, users shall accept our service of sending service and relevant information to users’ mobile numbers registered from time to time; users may unsubscribe from receiving such information through eShop system or customer service later.
2.4
If the information provided by you contains false information, we shall reserve the right to terminate your use of our eShop services.
2.5
Each user shall be fully liable for security of username and password immediately after successful registration. In addition, users shall bear full legal liability for all acts conducted under their usernames. Users may modify their passwords as needed at any time.
2.6
We shall cancel orders made by individuals who are ascertained to be under the age of 18. If underage individuals want to buy products from eShop, their guardians shall give assistance in ordering. We shall not be liable for any and all resulting losses caused by failure of any individuals and related parties to abide by this provision.
2.7
Please immediately notify us if any illegal use of user account or security loophole is found.
2.8
For our usage of your personal information, please refer to Privacy Policy for details. We agree to use your personal information collected from user registration and online shopping process according to our Privacy Policy only.
3. Ordering, Pickup and Delivery3.1
While using eShop services and buying products from eShop, users shall observe all the relevant laws, regulations, rules and local regulations of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Users shall also comply with the relevant user agreement and privacy policy as well as all the other terms and rules incorporated into the said documents and relevant terms revised from time to time.
3.2
eShop shall display product price and information, and we may update such information without further notice.
3.3
eShop shall spare every effort to ensure that products are bought as priced in eShop but the rates and specifications stated therein do not constitute any offer. eShop has absolute discretion to unilaterally revise, withdraw, reject or cancel any order or terminate any related contract if any evident mistake on product information or order or any out-of-stock product shown in eShop is discovered.
3.4
Whilst ordering, we will use courier to deliver the relevant products. Delivery is available for Hong Kong only. Please do not set P.O. Box as the delivery address; we offer standard courier delivery service; the courier delivery service is not available for hotels, airport, restricted areas and zones prohibited by government. Each order can be delivered to one address only. If delivery of products to multiple addresses are required, please place a separate order for each address. Please ensure that the delivery address is within the delivery coverage specified by eShop. If the delivery of ordered products to designated areas is rejected or relevant products are confiscated, eShop shall not be liable whatsoever. After successful payment is confirmed, generally the tailormade order processing and delivery takes 21 business days (from Monday to Friday, except public holidays) subject to stock availability. Under normal circumstances, products will be delivered to the delivery address within 2 to 3 business days with standard delivery service. For orders in remote areas of Hong Kong, delivery shall take additional 3 to 4 business days. Generally, deliveries are scheduled from 9:00 a.m. to 6:00 p.m. Delivery service is not available on Saturdays, Sundays and public holidays. Once the order is shipped, name of the courier service provider and the waybill number are viewable in “My Account”. If necessary, please contact the courier service provider at your discretion to track your package. Once the order is shipped and in need of modifying address, please contact the courier service provider directly for further arrangement. The additional expenses incurred shall be at your cost. If the shipment cannot be successfully delivered due to your personal reasons, please contact the courier service provider directly for further arrangement. If delivery of package keeps failing, your order may be canceled with no refund. eShop will not return payment for products and delivery service fees for reasons attributable to any third party. In order to protect your interest, we require all delivery must be signed and collected by the recipient (including signature and full name (in BLOCK LETTERS) of the recipient) and the courier would request recipient to present his/her proof of identity with photo (i.e. identity card, Home Visit Permit, passport or driving license, etc.) for confirmation and registration so that the ordered product is duly delivered to the recipient.
3.5
All orders are subject to stock availability and confirmation of order price. No contract of sale and purchase of product exists between you and Company until we receive and accept your order and an e-mail is sent to you (“confirmation e-mail”) as an act of confirming that the product you ordered has been shipped (if delivery service is selected) or is available for pickup (if store pickup is selected). It is recognized that as soon as the confirmation e-mail is sent, there is a binding legal contract between you and Company. This contract shall be deemed as entered into in Hong Kong.
3.6
After an order is accepted, relevant ordering information and delivery address will be unalterable and the order cannot be canceled or modified.
3.7
If products are undeliverable due to incorrect information entered by users, eShop shall not be liable. In addition, if users request to re-deliver products to the correct addresses, eShop shall be entitled to charge additional delivery fees from the users.
3.8
After products shown in stock are added to carts, they may happen to be unpayable for being out of stock whilst being ordered, which eShop shall not be liable whatsoever.
3.9
Stock information shown in eShop is not updated in real time, there may be instances of undersupply of some or all of products. For products ordered, if some or all of the products are out of stock / sold out before the confirmation email is sent, we shall notify you as soon as possible and return the amount paid for the products out of stock / sold out. Company bears no liability for paying any additional sum under such circumstances.
3.10
If previously out-of-stock product is restocked after the order is placed, the restocked product could not be added into the package being shipped. Please place new order to purchase the restocked product.
4. Payment4.1
All eShop products are priced in Hong Kong dollars (HKD). Payment in any other currency shall be subject to HKD exchange rate given by your credit card issuance bank, VISA, MasterCard, China UnionPay, American Express, Alipay, Alipay HK, WeChat Pay, Octopus, FPS, PayMe or any other payment method stated on the relevant website from time to time.
4.2
The due amount shall be the finalized sum of ordered products plus delivery service fees (if applicable). International credit card issuer or bank shall determine the exchange rate and may charge additional service or administrative fee, which you shall pay.
4.3
For return of products, neither taxes nor delivery service fees paid shall be refundable.
4.4
Payment shall be processed in accordance with terms of service set out by relevant payment service providers.
4.5
Whilst ordering, your credit/debit card payments shall be handled by service providers (“payment handlers”) we engaged from time to time. Your credit/debit card information shall be forwarded to relevant financial institutions via payment handlers. We will not retain your credit/debit card information. If any third party accesses your information in an unauthorized way while you access or order from eShop, we shall not be liable for any loss you may sustain.
4.6
(1) If you fail to protect your personal information while paying online;
(2)
If you provide incomplete or inaccurate information while paying online; or
(3)
For any other reason related to the designated payment method;
We shall not be liable for any direct or indirect loss or damage caused by the said matters.
5. Return Policy5.1
This Policy is intended as a user guide to return. For all returnable products as specified in this Policy, users may be entitled to our guarantee on return as agreed.
5.2
Definition
5.2.1
“Product(s)” refer to products ordered and successfully paid by users and the orders are accepted by us.
5.2.2
“Original sales status” indicates that products are checked and confirmed by our professionals:
(1)
Products bearing intact packaging and with all certificates, coupons, gifts, redemption products, etc., are returned to our company address in Hong Kong with relevant sales invoices, otherwise we shall deduct relevant expenses;
(2)
Products are unworn, unused or unaltered and stay the way they are sold; and
(3)
Without any damage.
We reserve the final decision to determine whether products are ascribed to their “original sales status”.
5.2.3
“Non-returnable product(s)” refer to products that cannot be returned or exchanged due to their nature, including:
(1)
Products that are tailored-made, scratched, engraved or altered;
(2)
Products that are noted “non-returnable” in sales invoices;
(3)
珍珠Pearls, jades, emeralds, semi-precious gems, watches and redemption products;
(4)
Gold coins, gold pellets, gold bars, watches; and
(5)
Third-party branded products franchised by MFJ.
We reserve the final decision to determine whether products are “non-returnable products”.
5.3
5.3 Return
5.3.1
If products meet the return conditions (unless otherwise specified), users may apply for return of products within 7 days after their delivery/collection provided that the products stay in their original sales status and satisfy the following requirements. If the return is confirmed and approved, the actual amount you have paid will be credited to the original form of payment.
5.3.2
Return Conditions
(1)
Where the products are delivered by courier, users shall apply for return of products via online customer service within 7 days after their delivery/collection;
(2)
After preliminary confirmation by customer service, the products shall also need to be checked and confirmed that it is in their original sales status by our professionals. Return shall then be confirmed and approved, and we shall arrange for the refund of payment;
(3)
Users have to return all the coupons/gifts/presents thereof outright, if any. Otherwise, we shall deduct relevant expenses;
(4)
Refund of payment made to credit card accounts may incur service charges. All the expenses, expenditures and risks arising therefrom (including taxes, tariffs, freight and service charges) shall be at the cost of users;
(5)
If the products returned by users have earned MIRACLE VIP points, we will deduct relevant points from your membership accounts.
5.3.3
Process of Return
(1)
Within 7 days after delivery/collection, please expressly state the order number, receipt number, product number and reason for return, and send the photo of relevant product to our online customer service for record and processing.
(2)
Within 7 days of a user’s application for return is confirmed by our customer service, our customer service shall arrange for specified address for you to courier the goods.
(3)
Upon receipt of product returned, we shall check whether the product is in its original sales status. Once the status is confirmed, we shall notify the user by SMS, and refund the payment in the original form of payment as soon as possible (roughly 30 business days after the receipt of product returned).
5.4
Exchange
5.4.1
No exchange is provided, but users may apply for return of products according to the above conditions and procedures within 7 days after delivery/collection of the products.
5.5
Shopping Privilege
5.5.1
From time to time, we may offer promotional codes / coupons to users, which are bound by relevant terms at the time. Relevant promotional codes / coupons shall not be transferred or exchanged for cash. They shall not be used with any other promotional code or discount. They shall be used before the expiration date (if any).
5.5.2
For products purchased with discounts of any eShop promotion and such promotion is expired by the time of the return, relevant discounts will not be provided again, nor relevant coupons be returned. If relevant discounts are offered by any other institution, the institution’s terms and conditions also apply.
5.6
Special Notes
5.6.1
Since online shopping does not involve face-to-face physical trading, in the event of products damage or other irregularities when delivering to users, we may provide return / free maintenance services to users who receive their products through delivery service. The application for return / free maintenance services shall be made within 2 days after the receipt of products and free maintenance services shall be provided once only for each repairable product.
5.6.2
For each delivery address, the right of return shall be exercised once only every 3 months.
5.6.3
We reserve the rights to modify and cancel after-sales services.
6. After-sales Services6.1
We shall charge additional fees for unconventional maintenance services, e.g., replacement of worn parts, preparation of missing materials, or ring enlarging which involves addition of gold materials. Please contact our customer service for the relevant additional fees.
6.2
Products to be processed or repaired may be unrepairable for reasons attributable to design or degree of damage; under such circumstances, we shall return the products to be processed or repaired and refund the prepaid amount. We reserve the right to refuse unconventional maintenance requests.
6.3
For products to be processed or repaired, metal parts may be worn out during maintenance process. Actual wear and tear depend on the condition and repairing extent of products. We shall endeavor to minimize the wear and tear. It is normal that repaired products cannot be reinstated to the extent that they were as new products and your understanding on this is appreciated.
6.4
We shall safeguard your products during maintenance. If the products are damaged, stolen or lost during the time of our custody, we shall offer products of the same category of similar value or pay cash up to the value of products specified in relevant maintenance orders, and no further compensation will be made.
7. Buy-back and Trade-in7.1
eShop does not offer any buy-back or trade-in services for products.。
8. Disclaimer8.1
As permitted by the applicable laws, we make no guarantee on accuracy, reliability or punctuality of eShop information and shall not bear any liability for eShop information with errors. We are entitled to modify or restore any eShop information from time to time and shall not give advance notice on or bear any liability for such modification or restoration.
8.2
We are obliged to ensure technically normal operation of eShop by avoiding service interruption or minimizing duration of service interruption so that users can successfully trade online. But if any online transaction cannot be completed or any relevant information or record is lost as the eShop system breaks down or does not work properly for force majeure or other uncontrollable reasons, we shall not bear any corresponding liability; if users find online services unavailable or sustain any other loss due to their provision of wrong, incomplete or false information, users shall bear relevant liabilities on their own.
8.3
We shall not be liable for any direct, indirect, incidental, special or consequential loss or damage caused by browsing eShop or using services thereof.
8.4
eShop includes many links, which may be linked to other sites or information that are not operated by us. We have no control of such sites or information. Relevant rights are owned by the legitimate right holders of such sites and information. We do not guarantee the accuracy, timeliness or completeness of such sites and information, and we do not warrant they are free of viruses or other harmful components. We bear no liability for any omission or error in the contents of eShop or contents linked to eShop.
8.5
While using eShop’s customization service, users shall be responsible for information provided, e.g., ownership of information. eShop shall not be liable for any infringement acts resulted from the information provided by users. Besides, users admit and accept that the information provided are for personal non-commercial purpose only and allow us, our related companies or any other third party to use such information for provision of customization service. We shall not be liable for any third party’s improper use of the information provided by users.
9. Statement on Intellectual Property Rights9.1
We own all intellectual property rights in all eShop information and contents (including but not limited to text, video, audio, image, software, web page, design, appearance, feelings, etc.). Users agree that such information or contents shall only be used as confined to what is set out herein and expressly authorized in writing by us. Users shall not copy, duplicate, transmit, distribute, publicly display, commercially develop or use, adapt, translate, modify, combine, share with or provide such information or contents or creative derivatives to any individuals or institutions in any other ways.
9.2
All the brands, product trademarks, service trademarks and trade names shown in eShop are our properties or those of third-party legitimate right holders, hence relevant rights of use are owned by us or the third-party legitimate right holders. Unless written authorization or consent is obtained, any trademark shown in eShop shall not be used by any others.
9.3
Full or partial copy of eShop’s contents with legitimate authorization shall comprise this Statement on Intellectual Property Rights which, together with trademarks or other statements in eShop, shall not be altered or removed.
9.4
We reserve all copyrights, site ownerships, right to use trademarks, and business secrets in eShop.
10. Miscellaneous10.1
Please log in eShop (https://www. miraclefinejewellery.com) and enter “My Account” for any modification of registered name, phone number, address or other personal information.
10.2
If users conduct acts set out as follows, we shall be entitled to delete their personal information at any time.
(1)
Users do not abide by this Terms and Conditions.
(2)
Users impede the legitimate rights and interests of other users or us and cause losses, or conduct other improper acts.
(3)
Accounts are idled for over a year.
(4)
For other reasons no longer suitable to be users as considered by us.
(5)
Users violate Hong Kong laws, regulations or government requirements.
10.3
Except to the extent precluded by applicable laws, we and our related companies, and the directors, employees, agents, contractors, partners, and other relevant personnel thereof are exempted from all liabilities arising out of or relevant with the use of this Terms and Conditions and your use of eShop services. For all the liabilities arising out of or relevant with our contract with you, e.g. the Contract Law, Tort Law, etc., our maximum liability for claims by you or any other third party shall be limited to the amount paid for your relevant order.
10.4
Where applicable laws allow, you shall irrevocably and unconditionally agree to safeguard, indemnify and spare us and our related companies, and the directors, employees, agents, contractors, partners, and other relevant personnel thereof from all claims, proceedings, requests, legal liabilities, costs, losses, damages and any other expenses (including but not limited to any claim filed by any third party against us) arising out of or relevant with your use of eShop services or violation of this Terms and Conditions.
10.5
For all disputes between us and users amidst merchandising, if bilateral consultation fails to resolve the disputes, the disputes shall be submitted to and settled by the local court of Blossom International Trading Limited in accordance with the laws of Hong Kong.
10.6
We shall only use the personal information provided by users for merchandising and sharing relevant product information via the Internet, post office, etc. No personal information will be used for any illegal purposes. If users request for deleting or modifying their personal information, we shall swiftly respond with corresponding update.
10.7
We reserve the right to alter or suspend eShop services with no advance notice to users. By exercising the right to alter or suspend the eShop services, we bear no liability for users or third parties.
10.8
eShop Terms and Conditions are applied to provide user-oriented merchandising services. Users should have fully read and understood this Terms and Conditions before placing an order and are willing to accept and bear relevant legal liabilities.
10.9
Users are aware and agree that we are entitled to modify, revise or delete the contents of this Terms and Conditions based on eShop’s operation situation. Users may cancel their accounts if they disagree with our revision. If users continue to keep their accounts, they will be deemed to accept our revised Terms and Conditions.
