Terms & Conditions
Welcome to Orient Senses website.
The Terms and Conditions set forth below shall apply to all use of Orient Senses's Website (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Price may be subject to change any time at the discretion of Orient Senses. Despatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
1. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of despatch will be included in the contract formed.
2. Product Pricing and Availability
While we make every attempt to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we discover any goods you have ordered are out of stock, we will inform you of this as soon as possible and cancel such order placed.
3. Product Description
a) Product Photos: While every effort is made to display the colours of our products appearing on this website as accurately as possible, colours do vary from monitor to monitor. We thus cannot guarantee that the colour, texture or details of the actual merchandise displayed on your computer monitor will be completely accurate.
b) Product Size: Please allow 5mm deviations for the measurement of each product sizing.
c) Product Finishing: Most of our jewelry pieces are handcrafted or finished, therefore the finishing of each piece can be slightly different.
We must receive payments in full before items are despatched.
5. Cancellation or Amendment of Orders
We cannot make any amendments or cancel orders once they have been submitted and dispatched.
Terms of Site Use
1. Description of Services
In the Site, Orient Senses provides users with access to sales of jewellery items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access
Orient Senses grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (at Orient Senses’s sole discretion) an unreasonable or disproportionately large load on Orient Senses’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Orient Senses to prevent or restrict access to the Site. Any unauthorised use by you shall terminate the permission or license granted to you by Orient Senses.
3. Intellectual Property, Software and Content
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Orient Senses. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, browsing our products and placing an Order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
1. Disclaimer of Liability
The Website is provided on an "AS IS," "as available" basis. Neither Orient Senses nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Orient Senses nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Orient Senses or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Orient Senses records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort.
You agree to indemnify, defend and hold harmless Orient Senses, its owners, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Site Use.
Orient Senses shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Terms and Conditions and/or any pages of this Website.
If any part of the Terms of Site Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Site Use will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
6. Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of Hong Kong and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Hong Kong courts.
7. Entire Agreement: The above Terms of Site Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Orient Senses. Any waiver of any provision of the Terms of Site Use will be effective only if in writing and signed by an owner of Orient Senses.