Terms & 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 LAMUCHA Hong Kong. These Terms do not govern any sale and purchase of goods effected at other LAMUCHA authorised third party online sale channels.
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”) (together, the “Full Set of Terms”). If you do not accept the Full Set of Terms, you must refrain from using the Websites. LAMUCHA 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 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 “LAMUCHA Hong Kong”.
1. Sale and Purchase
1.1 We will only deliver Orders within the Hong Kong Special Administrative Region (“Hong Kong”)
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 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
2.1 The online shopping facility on the Websites is available only to registered members of the Websites.
2.2 We make no guarantee that the goods shown on the Websites will be available for sale at all times.
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 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.
2.5 You represent and warrant that you are at least 18 years old and have the legal capacity to enter into legally binding contracts.
2.6 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.
2.7 All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
2.8 Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of
your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and LAMUCHA Hong Kong will be completed when we send you an email
to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore
concluded in Hong Kong SAR and are written in English.
LAMUCHA Hong Kong reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
a. The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
b. We identify a pricing or product description error.
c. We are unable to obtain authorisation for payment.
d. You do not meet the eligibility criteria to purchase as set out in this terms of service.
2.9 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.
2.10 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. We will cancel your Order if we are unable to deliver your Goods within one year from the date of your Order placement due to your provision of incomplete or inaccurate
information, in which case the total price paid for the Order will be forfeited entirely and we have the right to dispose the Goods in our sole discretion.
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 LAMUCHA Hong Kong authorised third party online sale channels or LAMUCHA Hong Kong 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 any event, the total price stated in the Confirmation will be final and conclusive.
3.3 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.
3.4 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.
3.5 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.
3.6 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
4.1 Subject to full payment in accordance with the provisions herein, the Goods 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 LAMUCHA retail shop in Hong Kong.
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 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.
4.4 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).
4.5 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 LAMUCHA retail shop in Hong Kong.
4.6 If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by LAMUCHA
Hong Kong. You also accept the associated transfer of responsibility in the same way.
4.7 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 LAMUCHA retail shop in Hong Kong, 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.
4.8 We reserve the right to revise any delivery service terms from time to time without prior notice.
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 LAMUCHA retail shop in Hong Kong. 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. Return and Exchange
6.1 Your complete satisfaction with our product is important to us. If you need to exchange it for any reason, we offer a 14-day exchange policy for items in their ‘Original Purchase Condition’.
‘Original Purchase Condition’ means that the merchandise is:
( 1 ) still in its original packaging with all certificates, warranties, authenticity cards, and original invoice intact;
( 2 ) unworn, unused, unaltered and in the condition originally sold; and
( 3 ) not damaged in any way.
6.2 Please note that some items cannot be returned due to their product nature. These ‘Excluded Items’ include:
( 1 ) Engraved, altered or custom-made Merchandise; and
( 2 ) Merchandise invoiced as ‘non-refundable, non-exchangeable’.
6.3 All items, other than Excluded Items, may be exchanged for any item under the same product category as designated by us based on stock availability.
If the value of the selected replacement item(s) is/are higher than that of the original purchase (based on the selling price of the Merchandise for other jewellery), you shall pay us the difference in price. Where the value of the item is higher than that of the selected replacement item, we will not refund to you the price difference.
If you have purchased any items with any discount offered by a joint promotion or other promotional activities but the discount offer has expired at the time of the exchange, the discount shall not be taken into account. Discounts offered by companies other than LAMUCHA Hong Kong shall be dealt with in accordance with the terms and conditions of the relevant companies.
6.4 No refund on merchandise sold.
7. Liability under the Contract
7.1 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.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
8. Warranties
8.1 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.
9. General Terms
9.1 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.
9.2 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.
9.3 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.
9.4 We reserve the right to amend the Full Set of Terms from time to time without prior notice to you.
9.5 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.
9.6 Both the Full Set of Terms and the Contract are governed by and construed in accordance with the laws of Hong Kong.
9.7 The parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.
