Terms And Conditions

Introduction

(a) The vendor specializes in jewellery and accessories, which are offered via the online shop system in www.vskjewelry.com. These general terms and conditions apply to all acquisitions of products and services by Customer from Vendor, unless otherwise specified herein.

(b) Within these terms and conditions, a customer is defined as a private individual who enters into a transaction with the vendor for private and personal purposes only, and for no other commercial or freelance activity in which the customer may otherwise be involved. The contractor, within the meaning of these terms and conditions, is any private individual, legal body or partnership with legal entity entering into a transaction as part of their commercial or freelance activity.

(c) Any deviation from, contradiction of, or supplementation to any of the following terms and conditions will render a contract invalid, unless arranged by prior agreement between the buyer and the vendor.

(d) The right is reserved to revise these Terms at any time by amending this page. Updated terms will supersede all previous versions of the Terms.

(e) The use of the Site (including accessing, browsing or registering to use the Site) confirms an unconditional agreement to be bound by these Terms and is subject to a continued compliance with these Terms.

Conclusion of Contract

(a) The vendor’s offer may be subject to change at any time without the obligation of a previous notice, at the sole discretion of the Vendor. While every effort is taken to try to ensure that the colouring, design and style of the VSK products in the photographs displayed on the website are representative of the original products, variations may happen due to technical restrictions of colour reproduction on your computer equipment. Accordingly, VSK shall be under no circumstances liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may of course contact our Customer Service Department by email at shop@vskdiamonds.com

(b) The confirmation of the order means the buyer’s acceptance of the wholeness of the Terms and Conditions. All orders may be made online on VSK website. The transaction constitutes a binding agreement to conclude a contract of purchase for the products. By clicking the link “Send order”, during the online ordering process on VSK website, the customer is placing a binding order for all the products contained in the shopping basket. The order could not be amended or cancelled except in the express conditions provided for in the Terms and Conditions

(c) The customer will be informed by e-mail as soon as the executed order has been received. Please note: the receipt of this first e-mail does not mean that the agreement has been concluded. The agreement is concluded by sending confirmation of the order or by the products being released for delivery.

(d) Release of the ordered products for shipment by the vendor also constitutes acceptance of the order. The vendor reserves the right to reject orders without giving any reason.

(e) The conclusion of the order will be accepted with the reservation, that in the case of improper or failed delivery to vendor, to supply none of the products or only parts of the delivery. This applies only providing that vendor have concluded a concrete hedging transaction and are not supplied by their sub-supplier without own fault. The vendor will make every reasonable effort to procure the products. If the products cannot be procured, VSK will promptly refund any payment that may have already been received. If the products are unavailable or only available in part, the customer will be informed immediately.

(f) After the contract has been concluded – and if the products have been ordered electronically – the text of the contract, together with the legally binding terms and conditions, will be sent to the customer via e-mail. The data registered by the website establish the proof of the whole transactions operated between VSK and its customers. In case of dispute between VSK and one of its customers about a transaction made on the website, the data registered by VSK are considered as an irrefutable proof of the content transaction.

Retention of title and withdrawal

(a) With regard to customers: The ordered products remain the property of the vendor until full payment of the price is done
With regard to contractors: The vendor shall retain the title to the goods until the full settlement of all claims arising from an ongoing business relationship.

(b) In cases of breach of contract on the part of the customer (due, in particular, to defaulting in payment, falsification of information regarding creditworthiness, or legal settlement proceedings, or the initiation of insolvency proceedings against the customer’s property) the vendor shall be entitled to withdraw from the contract and demand the return of the goods at any time if the customer has failed to provide – or has provided only in part – payment for the products ordered.

(c) The contractor is entitled to resell the retained products in the proper course of business; but he assigns already now all debts to the vendor; the amount will be the final amount of the invoice including all costs which arose when reselling the items to the customer or to a third party. The vendor accepts the transfer. After completion of the assignment, the contractor shall be entitled to collect the claim. The vendor reserves the right to call in the demand if the contractor handles his liabilities incorrectly or delays with payment.

(d) Upon request by the customer, the vendor is obligated to release securities in so far as their realisable value exceeds the accounts receivable by us from the buyer by more than 10%. However, the vendor reserves the right to choose which securities we will release.

Prices and Payment

(a) Prices are subject to change. Calculation of prices is based on the price list and discounts valid on the day of delivery or service plus value added tax (VAT) as stipulated by the vendor.

(b) In respect of long-distance contracts: Additional shipping charges will be applied, as indicated in the overview of shipping costs (see Shipping; Section 6 of these terms and conditions). This amount will be payable by the customer in addition to the price, including taxes, of the products ordered.

(c) The customer shall only have a right of set-off where the counterclaims have been validly established, and of the acknowledgement which the vendor does not deny. The customer may only exercise his right to refuse performance where the counterclaim arises from the same contractual relationship.

(d) In the event of any pricing error or incorrect product information due to typographical or system errors, VSK reserves the right to cancel any orders placed with erroneous information, with no further obligations to the customer even after the receipt of an order confirmation or shipping notice.

Payment options and shipping costs

(a) The customer may make payments with all major credit cards including Visa, Mastercard and American Express. PayPal and Prepayment are also accepted. The vendor reserves the right to exclude specific methods of payment.

(b) Credit card and PayPal payments are charged in Hong Kong Dollar (HKD).

(c) With regard to payment through PayPal: Customers should register with paypal.hk. By choosing PayPal as payment method, the Customer has agreed to PayPal Terms in the absence of any other agreement, or if not otherwise stated in the product description, the products will be delivered as soon as the total amount has been completely credited to the vendor’s PayPal account.

(d) Shipping costs are calculated as the sum total of the vendor’s delivery fees. Further details can be found under Shipping Costs.

Shipment

(a) Unless stated otherwise, all prices exclude duties, taxes and VAT (where applicable). Shipping and delivery is free of charge. Please note that international customs duties should be taken into account as they may cause shipping fees to vary and the same will be borne by the customer. Moreover, in the case of the returned products, the vendor reserve the right to charge the customer a fee of $200 for the shipment, if the return doesn’t meet the requirements stated exactly in Return Policy.

(b) In case of unavailability of a VSK product after ordering the vendor will order the selected products as quickly as possible, inform the customer without delay, and indicate the probable delivery date.

(c) The vendor reserves the right – if circumstances dictate – to deliver consignments of products in separate parts. In such cases, the best interests of the customer will be taken into careful consideration, and no additional costs will be incurred

Transfer of risk

(a) With regard to the customer: The customer is responsible to check the delivered product(s) immediately upon delivery to determine compliance with the order. If there is any discrepancy, the customer should not accept the package and should describe any defects (i.e. evidence of tampering, damaged product, missing products or items, or products different than those ordered and/or indicated in the shipment document) in writing directly on the statement taken by carrier. Keep in mind that the risk of accidental loss of, or accidental damage to, the object purchased – including during forwarded transactions – is transferred to the customer the moment the object is handed over.

(b) With regard to contractors: The risk of accidental loss of, or damage to, the products is transferred to the contractor upon handover, or, in the case of forwarded transactions, when the products are handed over to the carrier, freight, or to any other party charged with executing the shipment.
A refusal by either the customer or the contractor to accept delivery of the object will, nevertheless, be regarded as a handover.

(c) After the process of placing your order including the product detail page and checkout page, the product price indicated in the confirmation e-mail you will receive does not include the “custom fees” (if any) applied on exports and imports in your country. Placing an order confirms an unconditional agreement to the term that the customer is responsible for paying any additional fees.