Terms & Conditions
PLEASE READ OUR TERMS & CONDITIONS BEFORE CONTACTING US AND/OR PLACING AN ORDER
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to 5C Hong Kong Ltd.
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms & Conditions.
“Goods” means the jewelry and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery. We do not store our customer’s financial details.
3.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
4.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
4.2 We will arrange for packing and we will decide on the method of delivery and inform you.
4.3 You must notify us promptly and in any event within 24 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
5.1 We do not accept returns.
6. FAULTY GOODS
6.1 Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within one month of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
6.2 If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same colour and style, subject to availability. Where possible, we will offer to repair faulty items.
7. LATE RETURNS
7.1 Goods returned outside of the above timeframes will not accepted.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery.
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defect in any Goods appear within a month of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 We do not accept any liability for loss or damage to the Goods bought by you.
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these should be sent to firstname.lastname@example.org and you must send them so as to return an acknowledgement of receipt. Notice may be sent by post to 5C Hong Kong Ltd, Unit 1315 Peninsula Square, 18 Sung On Street, Hunghom, Kowloon, Hong Kong.
11. CUSTOMER DEFAULT
give us any incorrect personal information, or
fail to make any payment when it is due, or
cancel any payment, or
become insolvent, or
commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, act of God, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to terminate the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract with you to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not assign your rights without first getting our written consent.
14. INTELLECTUAL PROPERTY
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any such Goods.
15.1 If there is a dispute which we cannot settle by direct negotiation it may be referred to mediation if mutually agreed between us. In that event, the mediation will be conducted by an intermediary of our choice.
15.2 Any dispute between us will be finally determined by the Hong Kong courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
All legal issues arising under these Terms will be governed by Hong Kong law.