CONDITIONS OF SALE Les Amis JOUEL SHOWROOM AND E-SHOP
1. General
The following terms and conditions and any other related rules that are adopted by Les Amis and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from 6B Union Commercial Building, 12-16 Lyndhurst Terrace, Hong Kong (“Les Amis”, or referred to herein as “us”, “our” or “we”) on the Internet via the Les Amis Website, identified by the domain name www.lesamisjouel.com (the “Website”).
These Conditions of Sale are applicable to any order placed through the Website. If you refuse to accept these Conditions of Sale, you will not be able to order any Les Amis products from the Website. Sales concluded through Les Amis authorized retailers or physical points of sale are not subject to these Conditions of Sale.
Your use of the Website is governed by our Terms of Use. In addition, our information collection practices, such as the types of information we collect regarding visitors to the Website, and the ways in which we may use and protect that information, are further set out in our Privacy Policy. Persons wishing to use the Website will also be deemed, by virtue of such use, to have agreed to be bound by the Terms of Use and Privacy Policy, which are incorporated into these Conditions of Sale & Privacy Policy.
The Conditions of Sale, Terms of Use and Privacy Policy may be updated at any time by us without notice.
2. Purchasing eligibility
Only individuals (and not legal entities) who (a) have reached the age of eighteen (18), (b) have legal capacity to enter into contracts and (c) have a shipping address in the country or countries listed in Clause 14 may order products on the Website. If you are under the age of eighteen (18) or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.
By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Les Amis products or purchase Les Amis products for commercial purposes or any other commercial benefit.
3. Product availability; quantity
All orders placed through on the Website are subject to availability and acceptance by Les Amis.
Quantity limits may apply in relation to certain products. Les Amis further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
4. ACCOUNT REGISTRATION; GUEST CHECKOUT
In order to place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the “Guest Checkout” option.
5. ORDERS
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected from the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), then, place your order.
Notwithstanding anything to the contrary provided for herein, Les Amis reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Les Amis may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Les Amis suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale or the policies incorporated herein by reference.
6. Prices, tax and shipping costs
All prices shown on the product pages of the Website are in Hong Kong Dollars, quotation in other foreign currency are for reference purposes only.
Les Amis reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website at the time Les Amis provides you with a Confirmation of Order, will be honored by Les Amis.
Actual shipping costs and applicable taxes, if any, will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Website order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below and specified on the Website. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. PAYMENT
We accept the methods of payment offered on the Website.
When ordering on the Website, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Les Amis, you will need to contact your card issuer directly to solve this problem.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be charged at the applicable purchase price. By submitting an offer to purchase Les Amis products on the Website, you expressly authorize Les Amis to perform security checks, where Les Amis deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Where we offer [PayPal/PayPal Express/Alipay/WePay] as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.
8. PAYMENT BY BANK WIRE TRANSFER
Wire transfer payment is available through our Showroom. All customers must provide proper form of identification when making a purchase by bank wire transfer. Les Amis does not charge a fee for bank wire transfers; however, some financial institutions will charge a fee for using a bank wire transfer.
Les Amis requires that all bank wire transfer orders by phone be confirmed through an order approval process. Les Amis may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by Les Amis by email. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
9. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order.
10. ACKNOWLEDGMENT OF ORDER
Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order in writing (by email or otherwise), acknowledging the details of your order. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Les Amis will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.
11. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Les Amis of its anti-fraud, security and related legal checks, Les Amis will send you in writing (by email or otherwise) a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Les Amis and indicates the existence of a binding sales contract.
12. PROOF OF AGREEMENT
The Acknowledgment of Order and Confirmation of Order that are sent to you are deemed to be received when you are able to access them.
The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Website will be proof of a binding agreement between you and Les Amis.
13. COMPLIMENTARY SERVICES
Engraving or embossing may be available on a selection of products. If you wish to have your product engraved, embossed or adjusted, please provide the details on the Website or contact us.
Les Amis reserves the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to Les Amis policies.
Personalized products cannot be returned to Les Amis for refund or exchange.
14. SHIPPING POLICY
We only accept orders for delivery to prescribed addresses. Please note that Les Amis does not ship to military or certain restricted areas, PO boxes, or hotels.
Showroom pick-up may be offered, free of charge, to certain locations. Please refer to the Website or contact us for more information. Les Amis will inform you by email or by telephone when the product is ready for pick-up at the boutique.
If you order several products, Les Amis will ship the order only once all products are available (no partial shipments).
We will use commercially reasonable endeavors to deliver the products, or to ensure the delivery by our third party shipping provider, on the estimated delivery date mentioned in your order.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Please note that it is always subject to receiving your full payment.
15. DELIVERY
We will require a handwritten or electronic signature by you, or an adult acting on your behalf, to confirm the delivery of each Les Amis product, at which point responsibility for your purchased goods passes to you.
16. INVOICES
When ordering products on the Website, you will receive, as the buyer, an invoice that will be sent to you in writing (to your email address as a .pdf attachment or otherwise). You may also at any time later request an invoice by calling the Client Relations Center. Les Amis may request that you provide proper identification as a condition to comply with such request.
17. RETURN POLICY
In order to ensure your satisfaction, you may return Les Amis products delivered in the country or countries listed in Clause 14, in accordance with the return and exchange policy set forth below. Returns of Les Amis products that are not in compliance with the conditions and timeframes set forth below may be rejected by Les Amis and will be sent back to you.
17.1. Return Period
Les Amis allows you to return in the country or countries listed in Clause 14, Les Amis products purchased on the Website or though the Showroom within fourteen (14) days from the day you received your product, subject to the further terms and conditions set forth below.
17.2. Return Process
Products that have been purchased on the Website or through the Showroom may only be returned to the Les Amis at the address in accordance with these Conditions of Sale.
Products that have not been purchased on the Website or through the Showroom may NOT be returned to Les Amis.
To return a product to the Les Amis Showroom, you must follow the steps mentioned below:
i) Please, contact us by email. You may be asked at this stage to provide photos of the product for us to make a first assessment of the condition of this product,
ii) You must include in the delivery package, all its accessories, the Service Guide, the Warranty Card and all other documents, in their original box,
iii) Please, seal the delivery package, and send to the Showroom.
You must keep a proof of return shipment, and Les Amis accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Les Amis Showroom will be eligible for a refund or exchange.
17.3. Condition of Returned Products
Les Amis will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
Les Amis products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Les Amis box and delivery package, including all accessories and documents. Les Amis will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Personalized products cannot be returned to Les Amis for refund or exchange. This includes, without limitation, products that have been engraved or embossed, and pieces that have been adjusted.
If you have received free items as part of your order, they must be returned with the products.
All returns will be subject to strict Quality Control (QC) by Les Amis to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Les Amis will refuse the return, and the products will be sent back to you. If the returned product satisfies Quality Control (QC), Les Amis will proceed with the applicable refund or exchange.
Failure to comply with the return process above or the return conditions will entitle Les Amis to refuse the returned product and send it back to you, at your own cost.
17.4. Refunds
You may return a product purchased on the Website or through the Showroom for refund, provided that the return complies with these Conditions of Sale.
Should a product be returned to the Les Amis Showroom, only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Les Amis Product as a gift (i.e. a “Gift Recipient”) be entitled to receive a refund.
If the return complies with these Conditions of Sale, Les Amis will use commercially reasonable endeavors to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction within thirty (30) days after receipt of the returned item by the Les Amis Showroom. Except for delivery of an originally defective product (as defined below), initial shipping charges will not be refunded.
17.5. Exchanges
You may return a product purchased on the Website or through the Showroom with another Les Amis product, provided that the return complies with these Conditions of Sale.
In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.
Should a product be returned to the Les Amis Showroom for exchange with a less expensive product, only the original buyer of the returned product will be entitled to receive a refund of the price difference.
Should a product be returned for exchange to a Les Amis Showroom for exchange with a less expensive product, the individual making the return will only be entitled to receive merchandise credit of the price difference. Showroom credits can only be applied to products purchased in a Les Amis Showroom and cannot be applied to products purchased through the Website.
If a product is returned for exchange with a more expensive product, you will have to pay the price difference.
18. MANUFACTURER’S GUARANTEE
Les Amis is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
Selected products are covered by the Les Amis International Guarantee. If you wish to repair a product covered by the Les Amis International Guarantee, please refer to the Les Amis International Guarantee, and contact us for more information.
If you receive a product that is covered by the Les Amis International Guarantee and seems to have defects originally caused by Les Amis (originally defective), please return it to Les Amis in accordance with the return process above.
19. LEGAL GUARANTEE
In your capacity as consumer, you may have legal rights under Hong Kong law governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
20. REPAIRS
For any repair inquiries relating to a product ordered online, please contact us by email.
21. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While Les Amis endeavors to verify the accuracy of any information it places on the Website, in advertisements or catalogues or as provided by Les AMis, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Les Amis does not confirm the price of a Les Amis product until an Order Confirmation has been issued by Les Amis, indicating the existence of a binding sales contract. If a Les Amis product’s correct price is higher than the price posted on our Website, then Les Amis will either contact the Customer for instructions before shipping the order or, if Les Amis cannot obtain your instructions, reject the order and notify you of such rejection. If the order is rejected and you have already paid for the product, you will receive a full refund.
22. FINAL PROVISIONS
Information and complaints. In case of any inquiry or complaint please contact us with email address indicated on the Website.
Entire Agreement. The Conditions of Sale, including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Les Amis regarding your purchase of Les Amis products through the Showroom or the Website, and supersede any prior conditions of sale.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
23. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of Hong Kong S.A.R.
24. JURISDICTION
The courts of Hong Kong S.A.R shall have exclusive jurisdiction over any disputes arising out of or in connection with these Conditions of Sale.
Without any restriction to bring proceedings before a court, you and Les Amis will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.
DATE: Jan 10th 2019