PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE. PLEASE DO NOT USE THE SITE OR TRANSACT ON THE SITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.This Agreement is effective upon acceptance in registration for new registering users, JewllerySupermart.com may amend the User Agreement at any time by posting the amended terms on the Site.
A. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. JewllerySupermart.com reserves the right to terminate your membership and refuse to provide you with access to the Site immediately without liability and without cause. The Site is not available to persons whose membership has been suspended or terminated by JewllerySupermart.com . If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Those who choose to access this Site from outside Hong Kong are responsible for compliance with local laws if and to the extent local laws are applicable.
B. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You should agree to provide true, accurate, current and complete information about yourself as prompted by JewllerySupermart.com's registration form (such information being the "Registration Data").Also, you need to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete , JewllerySupermart.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
C. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
D. Fees and Services.
I. Membership on the Site is free. JewllerySupermart.com does not charge any fee for browsing, bidding and buying on the Site. JewllerySupermart.com charges Transaction Fees to all sellers when their item is successfully sold on the Site.
II. Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their items. Before you list an item for sale through the Site, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement.
However, Jewellerysupermart.com reserves the right to change its Fee Charging and Credit policies from time to time. In particular, JewllerySupermart.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. Such changes shall automatically become effective immediately after they are posted on the Site .With the use of the Site you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. JewllerySupermart.com also reserves the right to take legal action in case of non-payment of fees by you to JewllerySupermart.com .
E. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
I. You are solely responsible for "Your Information" provided to us or other users of the Site ("Users") in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature. We act as a passive conduit for your online distribution and publication of Your Information.
II. Your Information (or any items listed):
a) shall not be false, inaccurate or misleading;
b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
d) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law.
e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
f) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
III. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.
IV. You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
V. You will not disclose your contact details like Phone number, address, emailing address in bidding, buying or listing process, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass JewllerySupermart.com.
F. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
G. Payment Mode
Payments for items on the Site can be made through the online payment facility provided by PayPal. At present PayPal supports Credit Card Payments (American Express, Visa, MasterCard, Diners [ & ] and Online Bank Transfers. Currently Online Bank Transfers can be done through the Internet banking services of several leading banks .
By using PayPal you agree to be bound by the terms and conditions governing the use of PayPal. By providing an online payment facility on the Site through PayPal, JewllerySupermart.com is merely facilitating the making of online payments by buyers as per their contractual obligations to the sellers on the Site.
H. Voilation of Agreement
Without limiting other remedies, JewllerySupermart.com may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
1. If you breach the User Agreement or the documents it incorporates by reference;
2. If JewllerySupermart.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or JewllerySupermart.com.
If you breach the User Agreement or the documents it incorporates by reference, Jewellerysupermart.com reserves the right to recover any amounts due and owing by you to JewllerySupermart.com and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
I. Auction Glitches
JewellerySupermart.com will offer 100% risk free auctions, safe when a technical glitch prevents that from happening. In such a case, JewllerySupermart.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by JewllerySupermart.com to the customer if no merchandise is shipped.
It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number or numbers.
J. Your Transactions and Obligations
All bids (under the Auction format) and all purchases (under the fix price format) on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item then you are obligated to complete the transaction with the seller. An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled.
JewllerySupermart.com strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by JewllerySupermart.com.
As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.
In the event of Dual Winning Buyers displayed online for a Single Auction, the User who has received the Winning Email will be the rightful Winning buyer and beyond that there is no liability. Please be aware that even if you do not give JewllerySupermart.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.