Terms and conditions
These terms and conditions ("Terms") apply to all sale and purchase of goods ("Goods") effected through online shops operated on websites owned and/or operated by Chow Tai Fook Jewellery Company Limited ("CTF") (collectively, "Websites"). These Terms do not govern any sale and purchase of goods effected at other CTF authorised third party online sale channels.
Additional terms and conditions specific to particular jurisdictions may be applicable to your use of the Websites and/or your placement of an order ("Jurisdiction Specific Terms"). In using the Websites and/or placing an order using the Websites ("Order") you agree to be bound by these Terms, the Jurisdiction Specific Terms, the terms and conditions relating to the use of the Websites ("Website Terms of Use") and the Privacy Statement ("Privacy Statement") set out at www.chowtaifook.com (together, the "Full Set of Terms"). If you do not accept the Full Set of Terms, you must refrain from using the Websites. CTF reserves the right to amend the Full Set of Terms from time to time without prior written notice to you.
To the extent of any discrepancy or inconsistency between the Terms, the Jurisdiction Specific Terms, the Website Terms of Use, and/or the Privacy Statement, the order of precedence will be the Jurisdiction Specific Terms, these Terms, the Website Terms of Use and the Privacy Statement. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Full Set of Terms, the English version will prevail.
All references in these Terms to "we", "us" and "our" will mean "CTF".
1. Sale and Purchase
1. Sale and Purchase
1.1
We will only deliver Orders within the following territories (collectively, the "Territories" and each a "Territory"):
- the Hong Kong Special Administrative Region of the People's Republic of China ("China Hong Kong");
- the Commonwealth of Australia ("Australia");
- the Dominion of Canada ("Canada");
- the Federation of Malaysia ("Malaysia");
- the Republic of Singapore ("Singapore");
- the United States of America ("USA");
- the United Kingdom of Great Britain and Northern Ireland ("UK");
- the Italian Republic ("Italy"); and
- the Republic of the Philippines (“Philippines”)
Orders may be placed in one Territory for delivery to another Territory. Your Internet protocol (IP) address may be used to determine the territory from which your Orders are placed.
1.2
We will sell and deliver the Goods to end user customers only. You confirm and warrant that your Order of Goods is for your personal use as an end user, and not for resale to any third party or for any other commercial purposes whatsoever. We reserve the right to decline your Orders if we reasonably believe that your purchase of Goods is not for personal use as an end user.
1.3
We may restrict the maximum aggregate monetary amount of each Order and the number of Orders you may place per calendar day. These restrictions will be specified in the Order.
1.4
We may take into account the membership account through which such Orders are placed, the credit/debit card used for payment thereof, your Internet protocol (IP) address and such other distinctive aspects of such Orders, whether independently or collectively, in tracing and/or identifying the Orders placed by you. If any dispute arises under an Order, our determination will be final and conclusive.
2. Placing Orders
2. Placing Orders
2.1
The online shopping facility on the Websites is available only to registered members of the Websites.
2.2
Before ordering, you have the responsibility to determine that the Goods can be lawfully and legally imported to the destination country/region.
2.3
Information contained on the Websites constitutes an invitation to treat only, which may not be regarded as an offer by us to supply any goods.
2.4
We make no guarantee that the goods shown on the Websites will be available for sale at all times.
2.5
You may place an Order by completing the following four steps: (i) adding the Goods into your "shopping cart"; (ii) filling in the electronic order form ("Order Form"); (iii) submitting the completed Order Form; and (iv) submitting confirmation of your Order ("Confirmation") ((i) to (iv) collectively, "Order Process"). Once you have submitted the Confirmation, you may not, to the fullest extent permitted by applicable law, cancel or vary the Order in any manner or form.
2.6
You represent and warrant that you are at least 18 years old and have the legal capacity to enter into legally binding contracts.
2.7
Your "shopping cart" can only accommodate a certain number of Goods. This number may change from time to time and will be specified in the Order. If you wish to purchase more than that number of Goods, you will need to complete the Order Process and the payment process set out herein for the first batch of Goods, and then repeat the same process for the next batch of Goods that you intend to purchase subject to any daily purchase limit and maximum aggregate value of Goods.
2.8
Your placing of an Order will constitute an offer from you to us to purchase the Goods contained in that Order. We have absolute discretion to accept any Order or to decline any Order without ascribing any reason for declining an Order.
2.9
If your Order is accepted, you will receive a written acceptance ("Acceptance"). A legally binding contract for the sale and purchase of Goods between you and us will only be formed when an Acceptance has been issued. The Full Set of Terms, together with the Order and the Acceptance, constitute the entire agreement and understanding between you and us in relation to the sale and purchase of the Goods ("Contract") and will supersede all previous correspondence, understandings and agreements, if any, between you and us in respect of the same. To the extent of any inconsistency between the terms of Order and Acceptance and the Full Set of Terms, the terms of Order and Acceptance will prevail.
2.10
Notwithstanding any provision to the contrary, we reserve the right to refuse processing or fulfilling an Order (whether accepted or not) in the event that any lawful reason arises or any circumstance not within our control or expectation occurs which prevents or restricts us from delivering the Goods under such Order or which otherwise renders us unable to fulfill or perform such Order. In such an event, we will refund to you the amount already paid by you for such Goods (excluding any fees charged by banks, credit/debit card companies or other service providers).
2.11
The quantity, description and specification (if any) of Goods set out in a Confirmation will be final and conclusive evidence of the same. Despite the foregoing, while we will make every effort to describe the Goods as accurately as possible, the actual characteristics of the Goods (including but not limited to colour, grade, size, and materials used) may differ slightly from those set out on the Websites and/or Confirmation. To the fullest extent permissible under applicable law, we expressly disclaim any representation or warranty as to the accuracy of the characteristics of the Goods , and we will not be liable to you for any inconsistency or discrepancy in respect thereof.
2.12
You are responsible for ensuring the completeness and correctness of all information provided in connection with your Order. We will not be liable for any failure or delay in discharging our obligations or performing our duties under a Contract if such default is related in any way to incomplete, incorrect or misleading information provided by you. You undertake to indemnify and hold harmless us, our officers, agents, employees, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) from and against all claims, losses, damages, charges, taxes, duties, costs and expenses incurred or suffered as a result of your provision of incomplete, incorrect or misleading information.
3. Payment Terms
3. Payment Terms
3.1
Unless otherwise specified by us, all prices quoted on the Websites are in Hong Kong dollars and are subject to adjustment at our absolute discretion from time to time without prior notice to you. Our other CTF authorised third party online sale channels or CTF retail shops are under no obligation to match the prices quoted on the Websites and vice versa.
3.2
The purchase price of Goods ("Price") will be the price specified in the Confirmation. In respect of "non-fixed price" gold items, the Price will be calculated based on the weight of the Goods and any other relevant factors as we may determine (including, without limitation, craftsman cost). In any event, the total price stated in the Confirmation will be final and conclusive.
3.3
Prices are exclusive of any and all applicable shipping fees, delivery charges, handling fees, insurance charges and Taxes.
3.4
You, being the recipient or deemed recipient of the Goods, will be the importer of record and the person who must comply with all import and customs laws and regulations of the destination country. You will be responsible for the payment of any and all Taxes payable on the purchase of Goods. "Taxes" means any present or future taxes (including taxes on goods and/or services), rates, levies, imposts, duties (including customs duties and stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them. You acknowledge that the payment of such Taxes is necessary for the Goods to be cleared by and released from the customs authority of the destination country and/or delivered to the designated delivery address.
3.5
We make every attempt to avoid errors in pricing and product information. If a mistake does occur, we reserve the right and absolute discretion to correct it, refuse or cancel any Order placed, or terminate the relevant Contract.
3.6
Unless otherwise specified by us, payment for Goods will be effected in Hong Kong dollars by way of credit/debit card accepted on our issuance of the Acceptance. You hereby represent and warrant that you are the legitimate holder of the credit/debit card used for payment for the Goods. If the credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank or card provider.
3.7
Your credit/debit card payment will be processed by such service provider as we may engage from time to time ("Payment Processor"). Your credit/debit card particulars will be passed onto the relevant financial institution through the Payment Processor. We do not and will not retain any of your credit/debit card particulars.
3.8
Original invoice for payment of Goods will be sent to your designated billing or delivery address. If the designated delivery address is different from the designated billing address, we reserve the right to charge you the additional mailing charges and reasonable administrative fees.
3.9
We will not be liable for any loss or damage arising directly or indirectly from:
(a) your failure to protect your personal data during the course of effecting any payment online;
(b) your failure to provide complete and accurate information during the online payment process; or
(c) any other reasons in connection with the specified mode of payment.
4. Delivery of the Goods
4. Delivery of the Goods
4.1
Subject to full payment in accordance with the provisions herein, the Goods (i) will be delivered to the designated delivery address within the Hong Kong Delivery Zone (as defined in the Jurisdiction Specific Terms) free of charge or will be available for pick-up at the designated CTF retail shop in Hong Kong or Macau; or (ii) will be delivered to the designated delivery address within the Overseas Delivery Zone (as defined in the Jurisdiction Specific Terms) subject to payment of applicable delivery charges and additional charges (including without limitation insurance charges) as we may determine from time to time.
4.2
We will not deliver Goods to a delivery address which is a post office box, locker room, hotel, library, empty flat or such other locations as we may at our sole discretion determine as unacceptable.
4.3
We will not deliver Goods to any place that falls outside the Territories.
4.4
While we endeavour to have Goods delivered to you as soon as practicable, we make no guarantee or warranty as to the delivery date and time of the Goods which may be affected by matters outside of our reasonable control or any other factors or uncertainties, including without limitation customs clearance procedures.
4.5
Time of delivery of the Goods will not be of the essence and is only our best estimate. Under no circumstances will we be liable to you for any delay (however caused) in respect of the delivery of the Goods (whether or not the same has been notified to you).
4.6
Delivery of the Goods shall be deemed to have taken place when they are delivered to the designated delivery address or picked up at the CTF retail shop in Hong Kong or Macau.
4.7
For delivery to Overseas Delivery Zone, the Goods will be insured (subject to the terms of the insurance policy) during the time it is in transit until it is delivered to the designated delivery address.
4.8
If we are not able to deliver the Goods to the designated delivery address due to reasons or uncertainties beyond our control or due to your provision of incomplete or inaccurate information or if the Goods are not picked up at a CTF retail shop in Hong Kong or Macau, we are entitled at our sole and absolute discretion, without prejudice to our other rights and remedies, to:
(a) store such Goods at such place as we determine until delivery and charge you for any taxes and duties, delivery, insurance, storage and other charges we incur for storage and re-delivery of the Goods; or
(b) refund to you the Price paid for such Goods net of any and all taxes and duties, shipping, delivery, handling and insurance charges, and we shall have the right to dispose such Goods in our sole discretion.
4.9
We reserve the right to revise any delivery service terms from time to time without prior notice.
5. Passing of Risk and Title
5. Passing of Risk and Title
5.1
Title to the Goods will pass to you upon our receipt of your full payment for the Goods. Risk in the Goods will pass to you upon delivery of the Goods to the designated delivery address or the Goods being picked up at the CTF retail shop in Hong Kong or Macau. Notwithstanding anything contained herein, we will not be responsible for any damage to the Goods due to any omissions, acts or events beyond our reasonable control.
6. 5-Day Money Back Guarantee
6. 5-Day Money Back Guarantee
6.1
Subject to the provisions herein, if you are unsatisfied with the Goods, you may return them provided that: (i) you have lodged your request for refund to the email address for return of Goods specified on the Website within 5 calendar days (or such other period required by law) after its date of delivery or pick-up (whereupon we will normally issue an acknowledgement of claim by return email within 1 working day after receipt of such notice); (ii) the Goods with the original invoice are returned within 14 working days from the date of the aforesaid acknowledgement, by registered post or in person to the return address specified on the Website; and (iii) the Goods returned are in its original condition,packaging and other accessories (e.g. certificate, free gifts, coupons, redemption items) and have not been used or worn. If you do not receive any acknowledgement from us within the aforesaid 1-day period, you are under a duty to call our customer service hotline to lodge your claim within 7 days following the date of delivery or pick-up of the Goods.
6.2
If a claim is lodged in accordance with the provisions herein, we will endeavour to refund to you the amount paid for the Goods, net of any and all applicable taxes and duties, handling, shipping, delivery and insurance charges, within 30 working days after we have received the Goods. We retain the right to charge a reasonable administrative fees for our processing your application for a return or refund.
6.3
Any claim not made in the manner set out in this Clause above will not be processed, considered or accepted.
6.4
All costs, expenses and risks arising from or in connection with the return of the Goods (including without limitation, shipping, delivery, insurance, handling and administrative charges) will be borne by you entirely. You may want to consider obtaining insurance for your shipment of the returned goods, but any such insurance will be obtained at your own cost and/or risk. CTF shall not bear any responsibility for any losses, direct or otherwise, that may arise from loss or damage of the Goods arising from or in connection with the return of the Goods.
6.5
Refund of payment will be made to the credit/debit card account that was used for payment of the Goods.
6.6
Goods must be returned in its original unaltered condition and original packaging. If the Goods have been worn or used, they shall no longer be eligible for return or refund hereunder.
6.7
Unless you have proven to our satisfaction that damage, defacement, fault or defectiveness in the Goods was caused by us or our delivery service provider, any Goods that are damaged, defaced, faulty or defective will not be eligible for return or refund.
6.8
Subject to applicable law, the right to return or refund hereunder for each registered account will be limited to one claim per delivery address in every 6 months. No Goods can be returned more than once.
6.9
To the extent permitted by applicable law, we reserve our right to decline any claim for return or refund lodged hereunder, and if a dispute arises hereunder, our decision will be final and conclusive.
6.10
To the extent permitted by applicable law, under no circumstances will we replace or exchange Goods.
6.11
To the extent permitted by applicable law, there shall be no right to refund or return Goods that are with any discount offered, eOUTLET items, MONOLOGUE, SOINLOVE items, engraved, pre-order or tailor made.
7. Repair and Maintenance Services
7. Repair and Maintenance Services
7.1
If you are located in Hong Kong, you may bring the Goods and related invoice to any CTF retail shop in Hong Kong for repair and maintenance services at our then current prices and on such terms as we may advise. If you are not located in Hong Kong, you should contact the CTF Customer Service Centre who will decide in their sole discretion if such services can be provided.
8. Ancillary Services
8. Ancillary Services
8.1
Each of the ancillary services set out in this Clause ("Ancillary Services") are provided at the sole discretion of CTF who may at any time, for any reason and with no notice, terminate the provision of these Ancillary Services.
8.2
Each delivery of the Goods will normally be accompanied by a complimentary jewellery care tips card issued by us.
8.3
If you have so selected, we will provide you with complimentary greeting card services at no additional cost. The contents of your gift card must not be libelous, obscene, threatening, abusive, hateful or in violation of any applicable laws or regulations. Notwithstanding the foregoing, we reserve the right not to provide any greeting card service at any time without notice to you.
8.4
We do not accept any liability arising from or in connection with the contents of the greeting card. You agree to indemnify and hold harmless us, our officers, agents, employees, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) from and against all claims, costs, expenses, losses and damage arising from and/or in connection with the contents of the greeting card.
8.5
Complimentary engraving service is only available to certain items selected by CTF from time to time at the time of an Order placement. CTF has the discretion to restrict the number of characters, including punctuation, per item of Goods for engraving. Any extra characters will be subject to additional charges. The number of complimentary characters shall be at the sole discretion of CTF.
Any right to return or refund hereunder shall not apply to any Goods that have been engraved.
8.6
Length adjustment service for watches and bracelets will be available at the CTF retails shops in Hong Kong and is only applicable to certain selected items, subject to additional charges as we may determine from time to time - details may be obtained from the CTF Customer Service Centre. Customers who are not in Hong Kong should contact the CTF Customer Service Centre who will decide in their discretion if such service can be provided.
8.7
You may enjoy free resizing service from us for any ring item at any CTF retail shop in Hong Kong for one time within one year after the date of purchase of the Goods (as stated in the invoice issued by us). Resizing service is only applicable to certain selected items, provided that you present to us the original invoice. Notwithstanding the foregoing: (i) such service is restricted to reduction or increase in size not exceeding two size levels according to the size scale adopted by us at the relevant time; and (ii) we will charge you material costs for additional material used in the resizing. Customers who are not in Hong Kong should contact the CTF Customer Service Centre who will decide in their discretion if such service can be provided.
8.8
Not all Goods are suitable for resizing or length adjustment and you should check with the CTF Customer Service Centre to find out if resizing or length adjustment is possible for the Goods you are purchasing. CTF has the discretion to decide whether any Good is suitable for resizing or length adjustments.
8.9
Life-long complimentary cleaning and examination services for the Goods are available at all CTF retail shops in Hong Kong. Customers who are not in Hong Kong should contact the CTF Customer Service Centre who will decide in their discretion if such service can be provided.
8.10
Within one year after the date of purchase (as stated in the invoice issued by us), you may on one occasion for each Good you have purchased, enjoy our polishing service free-of-charge at any CTF retail shop in Hong Kong. Such service only applies to such items as we may decide from time to time. Customers who are not in Hong Kong should contact the CTF Customer Service Centre who will decide in their discretion if such service can be provided.
9. Online Customer Service
9. Online Customer Service
9.1
Online customer service ("Online Customer Service") will be available from 9:00 a.m. to 6:00 p.m. local time in Hong Kong every day (except Sundays and public holidays in Hong Kong) or at such other times as CTF shall in their discretion deem appropriate. While we endeavour to respond to each and every enquiry that you post as soon as possible, we are not responsible and/or liable for any delayed response or omission to respond.
9.2
No statement or information given during the Online Customer Service constitutes an offer to sell any goods, or a representation, condition, warranty or undertaking (express or implied) given by CTF.
10. Liability under the Contract
10. Liability under the Contract
10.1
The Full Set of Terms and the Contract set out the full extent of our obligations and liabilities in respect of the Websites and sale of Goods. Except as expressly stated otherwise, and to the extent permitted by applicable law, the Websites and the Goods are provided "as is", without any representation, warranty or condition, whether express or implied, whether based on common law, statute or otherwise. We specifically disclaim and exclude any implied warranties of quality, merchantability, fitness for a particular purpose, non-infringement and any additional damages, compensation or indemnification.
10.2
To the extent permitted by applicable law, we and all our officers, agents, employees, contractors, other representatives and affiliated companies (including without limitation holding companies, subsidiaries and group members) will not be liable for any: (i) indirect, special, incidental, consequential or punitive losses, damages or expenses; and (ii) damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings, use of products, arising out of, in connection with or related to the Websites and the sale of goods, howsoever arising, including as a result of negligence.
10.3
The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we were aware or should have been aware of the possibility of such loss.
10.4
You must observe and comply with all applicable laws and regulations, including obtaining all necessary customs, import or other permits to purchase and receive Goods from us. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
10.5
Our maximum aggregate liability to you, or to any third parties, whether in contract, tort or otherwise, arising out of, or in connection with the Contract is limited to the amount paid by you for the Order in respect of which the claim arises.
11. Warranties
11. Warranties
11.1
To the extent permitted by applicable law, we give no warranty as to the accuracy of the information contained on the Websites and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Websites, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us may be corrected or amended at any time without any prior notice or liability on our part.
12. General Terms
12. General Terms
12.1
No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Full Set of Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
12.2
We will not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.
12.3
All product photos and values of free gifts shown in promotional materials and Chow Tai Fook eShop are for reference only, the real object should be considered as final.
12.4
You may not assign or transfer any rights or obligations under the Full Set of Terms or the Contract to any third person without our prior written consent.
12.5
We reserve the right to amend the Full Set of Terms from time to time without prior notice to you.
12.6
The provisions contained in each clause of the Full Set of Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid. If any provision is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of the Full Set of Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
12.7
Both the Full Set of Terms and the Contract are governed by and construed in accordance with the laws of Hong Kong.
12.8
The parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
13. Promotion offer Terms & Conditions
13. Promotion offer Terms & Conditions
13.1
Promotion offers are available in Chow Tai Fook eShop (Hong Kong) only. All records held by the company shall be treated as conclusive.
13.2
Promotion offers are not available for overseas order.
13.3
One time use only for each transaction. Accumulated usage is not allowed.
13.4
Unless otherwise specified, the promotion offer cannot be used in conjunction with other promotion offers.
13.5
Promotion offers are applicable to selected products only. The products are available while stocks last.
13.6
The Promotion offers may subject to additional terms and conditions.
13.7
We will not be liable for any loss or destruction of or damage to the gift offered by third-party merchant. The merchant shall be solely responsible for any claims, losses, or costs suffered by a Recipient. All offers are available while stock lasts.
13.8
Chow Tai Fook is not responsible for any event of Force Majeure, any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to client's or any other person's computer or other electronic devices or property related to or resulting from the participation in or downloading of any materials from the websites of Chow Tai Fook eShop.
13.9
The Promotion offer details are subject to the item availability and subject to change without prior notice.
13.10
In case of disputes, decision of the Company shall be final and conclusive.
14. Enquiries
14. Enquiries
For any enquiries, please contact the CTF Customer Service Centre through the Online Customer Service available on the Websites, or by email to the address set out in the Order or by calling our customer service hotline at as set out on the Websites.
15. Chow Tai Fook Products Customisation Service Terms and Conditions
15. Chow Tai Fook Products Customisation Service Terms and Conditions
Chow Tai Fook Products Customisation Service Terms and Conditions
15.1.1
These terms and conditions ("Customisation Terms") apply when you use the product customisation service (the "Service") provided to you by CTF. The Service means that you can customise the product style, material, packaging and/or packaging ribbon etc. displayed on the service platform from time to time provided by CTF, including but not limited to the Websites, iPad, Cloud Kiosk (collectively, "the Platform"), and order your personalised engraving letter combinations (collectively, the “Engraving”) on your customised product or packaging ribbon (if applicable) and/or upload the photo you need (the "Photo") to order a specified type of product.
15.1.2
You can choose to purchase diamonds, product types (i.e. diamond jewellery, karat gold, platinum and pure gold), product packaging and/or packaging ribbons (if applicable) displayed on the Platform from time to time through the Platform, and when using the Service, upload the Photo on the Platform and/or enter your customised Engraving, and the Engraving must consists of Chinese characters, alphabets, numerals and/or selective commonly used symbols (or any other combination as determined or amended by CTF from time to time).
15.1.3
By using the Service, you agree to be bound by these Customisation Terms and these Terms and acknowledge that you have carefully read and understood the content of the Service, these Customisation Terms and these Terms. These Terms may be subject to change from time to time and please visit https://www.chowtaifook.com/ for the latest version. In the event of any inconsistency between these Customisation Terms and these Terms, these Customisation Terms shall prevail in respect of the Service.
15.1.4
You also acknowledge that these Customisation Terms may be revised, amended or canceled from time to time without prior notice. Your continued use of the Service after such revision or amendment shall be deemed as your acceptance of these revised or amended Customisation Terms. The latest Customisation Terms set out on https://www.chowtaifook.com/ shall prevail.
15.1.5
CTF reserves the right to modify or withdraw, temporarily or permanently, the Service (or any part thereof) without prior notice. In any event, CTF shall not be liable to you in respect of any modification to or withdrawal of the Service.
Customisation Service – Terms and Responsibilities
15.2.1
All the Engraving and the Photo will be valid upon the approval of CTF and CTF has absolute and final discretion over the approval process. You understand and agree that the font, style, type and size of the Engraving will be determined solely by CTF. If the product to be purchased is a ring, the Engraving of the ring will be located on its inner ring. If the product to be purchased is of other categories, the location and feasibility of the Engraving will depend on the actual product design and will be determined by CTF at its own discretion. If CTF provides the option of packaging ribbons for the product you intend to order and you want to engrave the Engraving on the ribbon, the position and feasibility of the Engraving will depend on the length and design of the ribbon and will be determined by CTF at its own discretion.
15.2.2
Your order will be deemed to be submitted once you confirm and submit through the Platform the diamond, product type (i.e. diamond jewellery, karat gold, platinum and pure gold), the Engraving and/or the Photo you want to order. Once you submit the order and settle the payment in full, CTF shall send you an email confirming the receipt of your order and the approval process of your order will commence. You fully understand and agree that once your order is submitted, CTF will not accept any changes to the order content (including but not limited to the diamond, product type (i.e. diamond jewellery, karat gold, platinum and pure gold) , the Engraving and the Photo), except for those permitted under clause 15.2.4. You are also not allowed to cancel the order. You shall be solely responsible for all consequences incurred and CTF will not accept any responsibility thereof.
15.2.3
If your personalized Engraving and/or the uploaded Photo is approved by CTF, you will receive a written acceptance from CTF for confirming your order. A legally binding contract for the sale and purchase of goods between you and CTF will only be formed when an acceptance has been issued.
15.2.4
If your personalised Engraving and/or the Photo of your order is not approved by CTF, the staffs of CTF shall contact you for amending the non-approved Engraving and/or Photo of your order and reconfirming and submitting the updated order again for CTF’s approval. If you decide not to amend the Engraving and/or the Photo, CTF shall refund to you the full payment collected.
15.2.5
You shall only create an Engraving, upload the Photo and order CTF products for lawful purposes and in a lawful manner. You agree to comply with all laws and regulations applicable to your use of the Service. You also undertake and warrant that your personalised Engraving and/or the uploaded Photo do not infringe the intellectual property rights or other rights of any other individuals or organisations, and do not violate any laws and regulations. CTF has absolute and sole discretion over the approval and confirmation of any personalised Engraving and the Photo. Nevertheless, approval of any personalised Engraving and/or the Photo does not indicate or imply that you have complied with the above regulations or mean that you are deemed to have complied with the same. You shall indemnify and hold CTF harmless against all losses and liabilities (including but not limited to any third-party claims against CTF for the violation of intellectual property rights) suffered or incurred by CTF as a result of your breach of any regulations or terms above.
15.2.6
You understand that the present product simulation on the Platform is for reference only. You also acknowledge that the Service is provided based on the specific requirements of customers and that all finished products are different, so it is difficult to simulate all possible combinations. While CTF takes its best efforts to show the product as accurately as possible on the Platform, the appearance of a product displayed on a computer screen or mobile device may be affected by the screen setting or resolution of individual computer or mobile device. You agree that CTF shall not be held liable for any technical constraints and CTF does not warrant that any colour, size, texture or detail of any product displayed is accurate.
15.2.7
You understand that the Photo can only be uploaded to customise products when ordering gold products via the present Service, and the photo frame material of the customised pure gold products is made of transparent acrylic. You understand that the photo frame styles currently previewed on the Platform are for reference only. CTF reserves the right to make the final decision on the photo frame styles. Please avoid opening the photo frame or touching the gold plate after receiving the custom-made gold product in order to prevent the depletion of the surface of the gold product from being worn out, which will affect the product quality.
15.2.8
You fully understand that the customised products cannot be refunded or returned under all circumstances.
15.2.9
Based on the different product requirements ordered by customers, the time for manufacturing customised products will vary depending on the best effect of the customised products. Therefore, the estimated delivery time referred to on the Platform is a general reference, and it is not regarded as the actual time when CTF finally approves your order (including the Engraving and/or the Photo you submitted) and orders the customised product. Under these Customisation Terms, Saturdays, Sundays and public holidays in Hong Kong shall not be deemed as business day.
15.2.10
If you order a T MARK diamond product with a customisable mark on the Platform, CTF will send such product to GIA for second accreditation after engraving the customised mark on the T MARK diamond product and will be responsible for the payment of the GIA second accreditation fee, but you fully understand that you must bear the risk of discrepancy between the initial and second accreditations results, and you should bear all consequences arising therefrom and CTF shall not be liable and responsible for any consequences so caused.
Submission and Ownership of Information
15.3.1
While CTF has absolute and final discretion over the approval of the personalised Engraving and/or the uploaded Photo under the Service, you are solely responsible for the personalised Engraving and/or the uploaded Photo. You represent and warrant that your personalised Engraving and/or the uploaded Photo will not, in any manner:
a. violate any applicable laws or regulations or advocate illegal activities;
b. infringe the copyright, trademark, trade secrets or other intellectual property rights of any parties, organisations or governments;
c. violate the privacy or publicity or other personal rights of any parties, organisations or governments;
d. be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; and
e. advertise or solicit funds, goods or services or disseminate any malignant schemes, messages or other forms of solicitation, and you agree not to submit any such materials.
a. violate any applicable laws or regulations or advocate illegal activities;
b. infringe the copyright, trademark, trade secrets or other intellectual property rights of any parties, organisations or governments;
c. violate the privacy or publicity or other personal rights of any parties, organisations or governments;
d. be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; and
e. advertise or solicit funds, goods or services or disseminate any malignant schemes, messages or other forms of solicitation, and you agree not to submit any such materials.
15.3.2
You agree to authorize the relevant departments of CTF, affiliated companies of CTF, licensors of CTF, other institutions and cooperative merchants to use, view, forward, identify, review and/or reply to your personalised Engraving and/or the Photo, in order to cooperate with the purpose and needs of the Service to assist in the production of finished products (collectively referred to as "the Authorization"). You warrant that you are the sole and exclusive legal and beneficial owner of and own all right and interest in and to your submitted personalized Engraving and/or the uploaded Photo and have all full legal power and authority to grant the Authorization, and that the Authorization does not require the consent of any other person or entity. CTF shall not be liable for any improper use of such personalized Engraving and/or the uploaded Photo by any third party.
15.3.3
You acknowledge that CTF will not be liable for the personalised Engraving and/or the uploaded Photo submitted by you, and agree that you shall be solely responsible for all consequences in connection with the use of the personalised Engraving and/or the Photo. In all circumstances, CTF takes no responsibility for your personalised Engraving and/or the Photo, and does not make any representations or warranties regarding the content of your personalised Engraving and/or the Photo. Submitting any personalised Engraving and/or the uploaded Photo shall be entirely at your own risk. CTF reserves the right to pursue any loss caused by your personalised Engraving and/or the uploaded Photo.
15.3.4
CTF is not able to monitor all possibilities of improper, infringing and malignant personalised Engraving and/or the uploaded Photo, or to manage all liabilities that may result. Nonetheless, CTF reserves the right to monitor and the right of final decision on the personalised Engraving and/or the uploaded Photo. CTF may reject your submission of personalised Engraving and/or the Photo that are abusive, illegal, disruptive or deemed inappropriate in its sole and absolute discretion without any compensation or recourse to you or any other persons or organisations.
15.3.5
Without prejudice to the foregoing, CTF may limit, ban or refuse to process or provide any Service using the personalised Engraving and/or the uploaded Photo submitted by you.
15.3.6
CTF shall not be responsible or liable for any personalized Engraving and/or the uploaded Photo made by you, and the content thereof does not necessarily represent or reflect its views or opinions.
Intellectual Property Rights
15.4.1
You acknowledge and agree that the personalised Engraving and/or the uploaded Photo submitted by you can be used, owned, authorised and approved by CTF and its affiliates, licensors or other third parties for producing the product.
15.4.2
You acknowledge and agree that the personalised Engraving and/or the uploaded Photo submitted by you are solely for your non-commercial personal use. Producing products by CTF and its affiliates or any other third parties based on the information and personalised Engraving and/or the uploaded Photo submitted by you shall not be deemed as an infringement of the copyright, trademarks, other intellectual property rights or any other proprietary notices or graphics of you, other parties or organisations. You will not obtain any right, title or interest in any of such materials by using the Service.
Liability and Warranty
15.5.1
Unless otherwise stated in these Customisation Terms and to the fullest extent permitted by the applicable laws, CTF shall not be liable for any losses, claims or compensation arising from or in connection with the Service, including but not limited to:
a. Direct, special, indirect, appropriate, consequential or punitive compensation;
b. Loss, damage, error, omission, disorder, deletion, incompleteness, delay, transmission line failure, theft, destruction, rerouting due to the operation or transmission process of the uploaded Photos or unauthorized intrusion of the uploaded Photos (whether such loss or delay or any other error is due to server failure, virus, program failure or any other cause); and
c. Compensation for economics losses, loss of profit, loss of income, loss of goodwill, loss of bargaining power, loss of opportunity, loss of expected savings, loss of data or damages, whether such losses or damages are foreseeable or whether it has been informed of any possible losses or damages on the basis of contract, tort (including but not limited to negligence), equity, laws, indemnity, the breach of basic terms or otherwise.
a. Direct, special, indirect, appropriate, consequential or punitive compensation;
b. Loss, damage, error, omission, disorder, deletion, incompleteness, delay, transmission line failure, theft, destruction, rerouting due to the operation or transmission process of the uploaded Photos or unauthorized intrusion of the uploaded Photos (whether such loss or delay or any other error is due to server failure, virus, program failure or any other cause); and
c. Compensation for economics losses, loss of profit, loss of income, loss of goodwill, loss of bargaining power, loss of opportunity, loss of expected savings, loss of data or damages, whether such losses or damages are foreseeable or whether it has been informed of any possible losses or damages on the basis of contract, tort (including but not limited to negligence), equity, laws, indemnity, the breach of basic terms or otherwise.
15.5.2
Save for clause 15.5.3 and to the fullest extent permitted by the applicable laws, CTF excludes and denies all explicit or implied warranties, representations and statements related to or in connection with these Customisation Terms, or those not stated in these Customisation Terms.
15.5.3
In no circumstances shall these Customisation Terms exclude, restrict, or amend any laws or regulations to imply or enforce any conditions, guarantees, rights or remedies not permitted under the laws. If there are any non-excludable conditions or guarantees implied by laws, under which CTF can limit, restrict or amend such conditions guarantees or remedies, CTF's liability for the violation of such conditions or guarantees will be limited under the fullest extent permitted by the laws. CTF may rectify such violation at its discretion based on the options available.
15.5.4
Except to the extent prohibited by applicable law, CTF and its affiliates, their respective members, directors, agents, employees, contractors, business partners and other representatives shall be released from all liabilities arising from or in connection with the use of these Customisation Terms and the Service by you, whether such liabilities are resulted from the violation of contract, tort (including negligence) or equity, or arise from statue, indemnity, any violation of the conditions and guarantees implied by common practice, general laws or regulations, or any claims by a third party against you or otherwise, and whether CTF is aware or should have been aware of the possibility of such loss.
15.5.5
You irrevocably and unconditionally agree to defend, indemnify and hold CTF, each of its affiliates and their respective members, directors, agents, employees, contractors, business partners and other representatives harmless from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from or in connection with your use of the Service or your breach of these Customisation Terms.
Governing Law and Jurisdiction
15.6.1
These Customisation Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
15.6.2
Any dispute, controversy or claim arising from or in connection with these Customisation Terms, or the breach, termination or invalidity thereof, shall be settled by a court of competent jurisdiction.
Prevailing language
15.7.1
In the event of any discrepancy between the Chinese version and the English version of these Customisation Terms, the English version shall prevail.
16. JURISDICTION SPECIFIC TERMS
16. JURISDICTION SPECIFIC TERMS
Hong Kong
16.1.1
"Hong Kong Delivery Zone" means anywhere within Hong Kong to the exclusion of outlying islands, Lantau Island, Ma Wan, Discovery Bay, villages in the New Territories (including without limitation "Wai Tsuen (圍村)"), restricted area / zone where entry or access thereto requires specific permit or licence and such other place(s) as we may decide from time to time at our sole discretion.
Other Territories (excluding Hong Kong)
16.2.1
"Overseas Delivery Zone" means anywhere within the states and/or territories of Australia, Canada, Malaysia, Singapore, USA, UK, Italy and the Philippines each to the exclusion of any remote or other locations as we may decide from time to time at our sole discretion. We reserve the right to amend or adjust the definition or meaning of "Overseas Delivery Zone" in our absolute discretion from time to time without prior notice to you.