Kindly read our (“Terms and Conditions”) carefully before ordering any Product(s) from Finnly's website, as the use of this website signifies agreement to the following terms & conditions.
Finnly's.com is published and operated by Finnly's Fine Jewellery, a subsidiary of Great Pacific Holdings Limited, registered in Hong Kong SAR. Our company registration number is 67246413 - 000 and our registered business address is at suite 2503 Bank of America Tower, 12 Harcourt Road, Central, Hong Kong. You can reach us by telephone at +852 98580380 or by email at firstname.lastname@example.org
SCOPE OF APPLICATION
These General Terms and Conditions of FINNLY'S FINE JEWELLERY ( hereinafter referred to as "FINNLY'S", "we", "us") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”, "you", "your") and Finnly's relating to all goods and/or services presented on FINNLY'S website. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by FINNLY's.
ACCEPTANCE OF TERMS
FINNLY'S reserves the right to make changes to these Terms & Conditions at any time, and such changes will become effective and binding upon posting. Consequently, the action of placing an order implies complete adherence, without reservation, to these Terms & Conditions. The Client may have other rights granted by mandatory law, and these Terms & Conditions do not affect these except if they are inconsistent. If this is the case then these Terms & Conditions will override any other rights which you may have, unless this is not permitted by law.
CONCLUSION OF CONTRACT
The presentation of the Product(s) on FINNLY'S website does not represent any legally binding offer, but a non-binding online catalogue. An Order is only possible when all the obligatory fields have been filled in.
On Finnly's website the Client will be guided through the steps necessary to place an order. The Client may submit the offer via the online order form integrated into FINNLY'S website. In doing so, after having placed the selected goods in the virtual basket and passed through the ordering process, and by clicking the button marked "Complete Order" ( or similar), the Client submits a legally binding offer of contract with regard to the goods contained in the shopping cart. At the same time the Client confirms that he has read and understood the current Terms & Conditions.
FINNLY'S order process allows the Client to check and amend any input errors before submitting a binding order via FINNLY'S online order form. The Client may recognize input errors by reading attentively the information displayed on the screen.
FINNLY'S acceptance of the Clients order will take place with an email confirmation to the email address the Client has register during the order process, summarising the order ( products, prices, product availability, quantity, estimated delivery date etc.). At this point FINNLY'S will process the payment details the Client has given to FINNLY'S to take payment for the Order.
If Finnly's is unable to accept the Clients order, Finnly's will notify the Client by email. This might be because the Product(s) is out of stock, because of unexpected limits on resources, which could not have been foreseen, because an error in the price or description of the Product(s) has been identified or because the requested delivery deadline cannot be met.
In addition, FINNLY'S reserves the right to reject orders from Clients if there is reason to believe that the Client is acting in contravention of these Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by Finnly's can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by Finnly's or by third parties commissioned by Finnly's with the order processing can be delivered.
RIGHT TO CANCEL
The Client can withdraw from a statement of willingness to enter into a contract within 7 days as of the day on which he, or a third party designated by him, who is not the carrier, took possession of the merchandise and to do so without providing reasons. For contracts concern regular delivery of merchandise over a set period, the rescission period begins on the day on which the buyer or a third party named by him and who is not the carrier gains possession of the first merchandise. In order to exercise his right of rescission, the Client must inform FINNLY'S, email: email@example.com by means of a clear statement ( e-mail) about his decision to withdraw from the contract.
Excepted from this right of rescission are merchandise which are customised to the customer's specifications or clearly customized to his personal needs. In the event of an effective rescission, the merchandise must be sent back by the Client immediately, but no later than 7 days as of the date of the notice of rescission to: Finnly's, C4, Jade Beach Villa, 3-7 Horizon Drive, Chung Hom Kok, Hong Kong. The deadline is preserved if the Client sends out the merchandise within 7 days of the deadline. The Client shall bear the direct costs of return shipping. FINNL'S shall refund to Client all payments received by it, excluding shipping costs, no later than 7 days as of the date of receipt of merchandise via the same method of payment that the Client used for the original transaction barring other arrangements. FINNLY'S reserves the right to refuse a refund until it has received the merchandise back or until the Client has provided proof of return shipping, which ever comes first. The Client must only cover any loss in value of the merchandise if upon examination of the condition, characteristics and method of functioning of the merchandise, said loss can be attributed to unnecessary use thereof.
PRICES AND PAYMENT CONDITIONS
All prices are given in US$, exclusive of taxes and shipping costs. The total price of the Client's order, including shipping costs but excluding taxes, will be shown at the end of the check-out process. By confirming the order the Client states, that he agrees to the price of the products. The price cannot be adjusted after the competition of the check-out process. Prices and delivery costs are liable to change at any time, but changes will not affect orders which FINNLY'S has already confirmed in a Order Confirmation e-mail.
All payments must be made at the time of the order. Finnly's accepts payment with Visa, MasterCard, and American Express and PayPal. The Client expressly acknowledges that disclosure of their bankcard number to Paypal gives Paypal the authorisation to debit their account to the amount of the products ordered. The data recorded by Finnly's constitutes proof of order and all previous transactions. The data recorded by Paypal constitutes proof of financial transaction.
FINNlY'S will not dispatch the Product(s) until payment in full has been received. It is possible that the Client's card issuer may charge an online handling fee or processing fee, for which FINNlY'S can not be held responsible.
If payment is made by credit card, FINNlY'S reserves the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to FINNlY'S, FINNlY'S cannot be held liable for delays or for failure to deliver.
The Client hereby also gives its consent to receive invoices electronically in .pdf-format.
TAXES AND DUTIES
FINNLY"S product prices are without taxes. Applicable taxes or VAT should be added to the product prices. For International shipping the Client will be held responsible for the required import duties, customs and local sale taxes levied by the destination country. Payment of these charges are necessary to release the Client's order from customs. FINNLY'S designated courier will inform the Client about any import charges to be paid.
SHIPMENT AND DELIVERY
Shipment is carried out by Fedex, UPS or DHL, Monday to Saturday, depending on the best option at the time of the shipment. The delivery is made to the delivery address indicated by the Client, unless agreed otherwise. Deliveries cannot be made to hotels or P.O. Boxes.
All of FINNlY'S products are handmade items, and therefore made to order. The production takes about 2 weeks. Please allow 3-4 weeks for order processing, making and shipping. In case of a delay, Finnly's will inform the Client immediately by email. During the processing of the transaction, the delivery address indicated in FINNLY'S order processing is decisive. FINNLY'S insures all orders during transit until delivery is received. All orders must be signed for at the time of delivery, at which moment the Client accepts all responsibility for the order.
If the recipient is not the original purchaser, such as in case of a gift delivery, the recipient's signature will be accepted by FINNLY'S as evidence of delivery and fulfilment of the order.
Should the assigned transport company return the goods to FINNLY'S, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless FINNLY'S has notified the Client about the service for a reasonable time in advance.
FINNlY'S will deliver orders within a maximum delay of 4 to 6 (four to six) weeks from the day after the validation of the order & payment revieved. If the delivery time is exceeded and is not justified by a case of force majeure, the Client may request the cancellation of the sale and within a maximum period of 15 (fifteen) days can receive a refund of sums paid on the occasion of the sale. The timescales indicated are indicative deadlines, corresponding to the average time for processing and delivery. FINNLY'S cannot be held responsible for any consequences due to a delivery delay not of their own making.
DAMAGED OR DEFECTIVE PRODUCTS
All FINNLY'S product(s) are carefully checked before they are dispatched. Upon receipt the Client should check all products immediately for shipping damages, completeness and correctness. If a defect or damage is found the Client must inform FINNLY'S as soon as possible, email: firstname.lastname@example.org. FINNLY'S will arrange a return at no cost for the Client. If the Product(s) are found to be damaged prior to the Clients delivery, or defective (through no fault of the Clients wearing or use), FINNLY'S will repair or replace the Product(s) or refund the price paid by the Client, including delivery charges the Client has paid, provided that the Client has not worn or used and damaged the Product(s). The Client shall return the Product(s) immediately, but no later than 7 days after receiving the order. Detailed informations about the return procedures can be found under REFUND & RETURNS.
REFUND & RETURNS
If the Client is not entirely satisfied with his purchase, the Client can return the Product(s) within 7 calendar days after receiving the order. The Product(s)must be returned in their original packaging, in their original state, unworn, with the original sale receipt and shipped with an insured courier (UPS, Fedex act.) for security reasons.
Please follow these steps below to return your purchase to FINNLY'S:
- Contact our retail assistant at email@example.com to initiate the return process
- Fill out the return form with all the details relevant to your purchase, including order number and acceptance of the refund policy
- Once FINNLY'S has accepted your return/exchange request, we will send you a confirmation email to proceed with your return/exchange
- Please pack the Product(s) unworn and in their original packaging with the return document.
Ship the Product(s) with an insured courier (Fedex, UPS, DHL) to
C4 Jade Beach Villa
3-7 Horizon Drive
Chung Hom Kok
FINNLY'S is not responsible for any loss or damage of the Product(s) during transit. If the returned Product(s) are lost or damaged during transit, FINNLY'S reserves the right to charge the Client or not to refund any amounts attributed to such as loss or damage. For refunds FINNLY'S will refund the original amount minus shipping costs to the original form of payment. In the case of return damaged or incorrectly supplied Product(s) FINNLY'S will cover the expenses of returning the product.
Although FINNLY'S makes every effort to display the colors, styles, sizes and dimensions of the Product(s) as accurately as possible, the actual depiction of the jewellery depends upon the monitor used by the Client and FINNLY'S cannot guarantee its accuracy. Due to different colour settings on monitors and other reproduction media, minor colour differences can occur in Product(s); this shall not entitle the Client to any guarantee or compensation. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item. Additionally the detailing (such as colour, pattern and texture, etc.) the Client sees on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when received.
CORRECTION OF ERRORS, PRODUCT INFORMATION AND PRICING
FINNLY'S reserves the right to correct any inaccuracies, typographical errors, or omissions and update information at any time without prior notice (even after an order has been submitted). Please note that some of these corrections may relate to the product description, availability or pricing. We therefore reserve the right to cancel any orders that are based on such inaccuracies, errors or omissions. We will notify you of such cancellation. We apologize for any inconvenience this may cause you. If your credit card has been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account.
Products shown on the FINNLY'S website are available as long as they are in stock. FINNLY'S reserves the right to change the product(s) offered on the website at any time without notice and to limit the number of items that may be purchased by a Client. There is no liability for lack of items in stock or for products not being available. Any commercial resale or distribution of FINNLY'S products sold on the FINNLY'S website is prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
FINNLY'S website and its content, any services in connection therewith and any products purchased thereon, are provided on an “as is” and “as available” basis without warranties of any kind either expressed or implied including without limitation warranties for information, data, data processing services, uptime or uninterrupted access, and any warranties of title, non- infringement, or implied warranties of merchantability or fitness for particular purpose, and FINNLY'S hereby disclaims any and all such warranties. FINNLY'S cannot warranty or guarantee that the Client's use of this website will be uninterrupted or error free, or that this website or its server are or will be free of viruses or other harmful elements. No advice, results or information, whether oral or written, obtained by the Client from FINNLY'S or through this website shall create any warranty not expressly made. The Client acknowledges that he is using this website at his own risk and that he assumes the responsibility for all costs associated with the servicing or repair of his equipment, or any damages to, or viruses that may infect, his equipment or other property, in connection with or that result from his use of this website. FINNLY'S will not be responsible or liable for any damages in connection with the Client's use of this website or the inability to use or make purchases of any products on this website.
FINNLY'S shall not be responsible for and disclaims all liability for any loss, liability, damage, consequential damages, or expense of any nature whatsoever which may be suffered by the Client or any third party, as a result of or which may be attributable, directly or indirectly to the Clients access, reliance and use of FINNLY'S website, any content or information displayed in or on the website, the Client's personal information or material and information transmitted over FINNLY'S system.
FINNLY'S does not enclose any paper invoice with the products, as some orders may be gifts. With the order confirmation email the Client receives all relevant information about his order. This acts both as packing list and official invoice with all necessary information displayed, including individual product prices, shipping costs and total costs.
APPLICABLE LAW AND PLACE OF JURISDICTION
This Agreement, and any action that relates to the Terms & Conditions, the Client's use of the website or any claims the Client has against FINNLY'S shall be governed by the laws of Hong Kong without regard to any choice of law principles. The Client hereby agrees that any controversies, disputes, claims or actions that he may have arising in connection with this Agreement, the Terms & Conditions of this website, the Client's relationship with FINNLY'S or any purchases the Client makes shall be resolved solely and exclusively by the court located in Hong Kong, and the Client hereby consents to the jurisdiction and venue of such court.
SITE CONTENT AND USAGE RESTRICTIONS
FINNLY'S website, and all materials that are part of it, including without limitation all images, illustrations, designs, graphics, data, text, software, code, and the organisation of the Site, and each of its webpages, (collectively, the “Content”), are owned by or under license to FINNLY'S. FINNLY'S owns all copyrights, trademarks, patent rights, database rights, moral rights and other intellectual property rights therein or has a valid right to use such intellectual property rights on this Site. The Client acknowledges and agrees that, through the use of this Site, the Client is not acquiring any right, title or interest in the Content. The Client understands and accepts that all of the Content is intended solely for personal, noncommercial use by the users of our Site and he's prohibited from using any of the Content for commercial use. Any commercial use or other unauthorised use of FINNLY'S site or the Content is prohibited by both domestic and international copyright laws.