Last Updated: 2017/09/28
These Terms and Conditions apply to the BisouMargaux web site located at www.bisoumargaux.com and all associated web sites and its subsidiaries and affiliates web sites around the world (hereinafter collectively referred to as ”the Site”). Please read these Terms and Conditions carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the Site and constitute an agreement between you and BisouMargaux. BisouMargaux reserves the right to change or modify in its sole discretion any of these Terms and Conditions or any policy or guideline of the Site at any time. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, from time to time you should review these Terms and Conditions and any other applicable policies to be sure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
All our jewelry pieces are custom handcrafted upon our confirmation of your order and payment. It usually takes approximately 21 days for us to dispatch your order under normal circumstances. If you are interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be in stock. With the volume of orders we receive, sometimes an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every effort to avoid errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If an item’s listed price is lower than its actual price we will, in our discretion, either contact you for instructions before shipping the item or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the item at your cost or pay the difference between the actual and charged prices. Our prices are subject to change without notice. We do not negotiate prices and all prices are final. We apologize for any inconvenience this may cause. If you have questions, please email us at firstname.lastname@example.org.
Jewelry Identification Reports and Certificates
All jewelry pieces purchased at BisouMargaux come with a globally recognized Diamond/Gemstone Certificate or Jewelry Identification Report either issued by the highly-respected Belgium-based diamond and gemstone grading experts at the International Gemological Institute (IGI) or European Gemological Laboratory (EGL), or USA-based Gemological Institute Of America (GIA). Should you wish to return an item, the relevant diamond/gemstone certificate or jewelry identification report must also be returned. If you do not include the report or certificate with your return, you will be charged a replacement fee of USD300.
Keeping operations costs low enables us to offer the best value for our customers; for this reason, we do not allow comparison purchasing. Comparison purchasing means buying several items with the intent of keeping the one you like best and returning the others. This adds to our restocking and overhead costs. To confirm the quality of a jewelry item, please contact us at email@example.com. We will be happy to assist you in deciding which jewelry piece is best for you.
Information on our Site
BisouMargaux makes every effort to ensure our online catalog is as accurate and complete as possible. To enable you to view our products in great detail, some items may appear larger or smaller than their actual size. Color and size may vary slightly on different computers and monitors.
We aim to provide maximum information on your prospective purchase. Consistent with industry standards, BisouMargaux states that total carat weight for diamonds and precious stones may vary by 0.05 carats from the stated weight.
The Site provides measurements of the products based on our manufacturing specifications. Slight tolerances may be accounted for based on the finishing during production.
For diamond jewelry set with multiple diamonds, color and clarity grades are expressed as a minimum, an average or a range. If expressed as a minimum, all diamonds in the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the stated grade. If expressed as a range, all diamonds in the piece are within the stated range of color and clarity.
Resizing of Rings
Upon customer’s signed receipt of all BisouMargaux rings, 1-year complimentary resizing service is applicable unless specified otherwise. For engraved rings, while BisoMargaux would handle with extreme care, the engraving maybe scratched or for some cases, be damaged.
Under all circumstances, customer will be responsible for the shipping and insurance cost for returning an item, while BisouMargaux will be responsible for the corresponding costs for sending the item back to customer. Improperly packed or uninsured packages will be refused upon receipt. For lost or stolen articles, customer should contact insurance company to file the claim.
All international orders will be shipped, with no additional charge. Asset Protection will be provided by a premier global insurance company. This protects your order from the time it leaves BisouMargaux to when it arrives at your door.
Payment of all orders is settled in HKD.
Deliveries will require the signature of an adult over the age of 18.
Shipments must be made to a physical address and not a P.O. Box.
Orders must be shipped to the billing address listed on file with your credit card company. If you wish to have your package shipped to an alternative address for convenience or to conceal a surprise, please contact your credit card company and have the desired address listed as an alternate shipping address.
Under certain circumstances, the recipient may be required to present photo identification for the package to be released.
Customs, Duties and Taxes
The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. When your order arrives at customs either our shipper, e.g., FedEx, or the customs office will contact you directly to arrange for the payment of any charges that may be due. Duties and taxes will be assessed and due to our shipper before the package is released from customs. Custom offices at the destination country require that custom fees, import duties, taxes, and other charges be collected. These additional charges are required for custom clearance and it is recipient’s responsibility to arrange for payment. These fees are collected in the recipient’s local currency and are non-refundable. Please be advised that BisouMargaux has no control over these charges.
When customers fail to fulfill the required procedure for clearing customs or fail to pay customs duties and taxes imposed by the local government, the recipient will be responsible for any storage fee charged by our shipper. If customers fail to comply with all requirements for package release after it’s arrival at the destination country within 5 working days, BisouMargaux reserves the right for arranging the package to be returned to BisouMargaux. BisouMargaux will arrange a second delivery to the same shipping address upon customer’s complete payment of all required taxes and fees imposed by the government of the destinatoin country, the return courier fee, second delivery charge, the corresponding insurance coverage and a handling fee of USD300. For customers who fail to complete such payment within 10 working days from the day BisouMargaux sign receipt of the returned package, this will be treated as the customer forfeiting both the jewelry ordered and the payment made to BisouMargaux.
Return and Refund Policy
As all jewelry pieces purchased at BisouMargaux come with a globally recognized Diamond/Gemstone Certificate or Jewelry Identification Report issued by internationally-renowned gemological laboratories, BisouMargaux will only accept return or refund request under 2 conditions listed below:
- When BisouMargaux dispatch an item different from what customer has ordered
- When item is delivered to customer arrives damaged – customer needs to retain all packing material, content of the package and the damaged item unless instructed by BisouMargaux otherwise
Please note that to be eligible for return or refund, items must be in their original purchase condition, including all product documentation and printout of the electronic receipt. Customer has to contact BisouMargaux to file the claim within 72 hours upon signed receipt of the package. Items that show signs of wear or have been altered, resized (by a jeweler other than BisouMargaux), or damaged cannot be accepted for return or refund.
Insure the Return Package. We recommend that customer securely pack the item in original packing materials, fully insured. Returns with missing paperwork or product will not be processed. For customer’s convenience and discretion, customer may contact BisouMargaux for how to get the package insured.
Once the return is received into our system, customer will receive a confirmation email. All returns will be inspected by our Quality Assurance team. For eligible returns, customer will be returned for credit back to the corresponding Paypal account or should customer be expecting a return shipment, a shipping confirmation will be emailed to customer the day of the outbound shipment. Customer may login to their BisouMargaux account to track the order status. For ineligible returns, BisouMargaux will contact the customer and resend the original item together with the original product documentation. Customer will also be emailed a shipping confirmation the day of the outbound shipment.
Under all circumstances, customer will be responsible for the shipping and insurance cost for returning an item, while BisouMargaux will be responsible for the corresponding costs for sending the item back to customer. Improperly packed or uninsured packages will be refused upon receipt. For lost or stolen articles, customer should contact the insurance company to file the claim.
Policy on Ethical Sourcing
BisouMargaux only purchases diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from conflict-free sources. Please read BisouMargaux’s policy on ethical sourcing.
The Site and all content and other materials including, without limitation, the BisouMargaux name and logo and all designs, text, graphics, pictures, selection, coordination, “look and feel,” information, data, software, sound files, other files and the selection and arrangement thereof (collectively the Site Materials) are the property of BisouMargaux or its licensors or users and are protected by trading, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
BisouMargaux, the names, logos, and any other product or service name or slogan contained on our Site are trademarks of BisouMargaux and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BisouMargaux or the applicable trademark holder. You may not use any metatags or other hidden text utilizing “BisouMargaux” or other name, trademark or product or service name of BisouMargaux without our prior written permission. All other trademarks, registered trademarks, product names and BisouMargaux names or logos mentioned on our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:
- any resale or commercial use of our Site or the Site Materials therein;
- the collection and use of any product listings, pictures or descriptions for commercial purposes;
- the distribution, public performance or public display of any Site Materials,
- modifying or otherwise making any derivative uses of our Site and the Site Materials or any portion thereof;
- use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
- downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site;
- cause to appear any pop-up, pop-under, exit window, expanding button, banner, advertisement, or anything else that minimizes, covers, frames or inhibits the full display of our Site;
- use our Web site in any way that interferes with the normal operation of our Site; or
- any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or Site Materials other than as specifically authorized herein, without the prior written permission of BisouMargaux is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In appropriate circumstances and in BisouMargaux’s sole discretion, BisouMargaux will terminate and bar Site users or account holders who are deemed to be repeat infringers. BisouMargaux may also in its sole discretion limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
BisouMargaux may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. BisouMargaux does not monitor or have any control over any Third Party Content or third party sites. BisouMargaux does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. BisouMargaux does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
BisouMargaux may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BisouMargaux, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. BisouMargaux is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- BisouMargaux advertisers on our Site.
You acknowledge and agree that any materials including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding this Site, BisouMargaux, or our products or services provided by you to BisouMargaux are non-confidential and shall become the sole property of BisouMargaux. BisouMargaux will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant BisouMargaux and its affiliates and sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all rights to the content you submit, or that you otherwise have the right to submit such content to this Site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Product Reviews and User Content
Our Site contains a product review feature and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store content, messages, materials or other items on our Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party including, without limitation, addresses, phone numbers, email addresses, numbers of any form of identification and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of BisouMargaux, is objectionable or restricts or inhibits any other person from using or enjoying the Interactive Areas of our Site, or that may expose BisouMargaux or its users to any harm or liability of any type.
BisouMargaux assumes no responsibility or liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BisouMargaux liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You use Interactive Areas at your own risk. As a provider of interactive services, BisouMargaux is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although BisouMargaux has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, BisouMargaux reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site.
If you post User Content to our Site, unless we indicate otherwise, you grant BisouMargaux and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any media throughout the world. You grant BisouMargaux and its affiliates and sublicensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless BisouMargaux, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorney fees) arising from or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against BisouMargaux and/or its independent contractors, service providers, employees, directors or consultants, arising from or related to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
Except As Expressly Provided To The Contrary In Writing By BisouMargaux, This Site, The Content Contained Therein And The Products And Services Provided On Or In Connection Therewith (the “products And Services”) Are Provided On An “as Is” Basis Without Warranties Of Any Kind, Either Express Or Implied. BisouMargaux Disclaims All Other Warranties, Express Or Implied, Including Without Limitation, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, And Non-infringement As To The Information, Content, And Materials On Our Site. Bisoumargaux Does Not Represent Or Warrant That Materials On Our Site Or The Services Are Accurate, Complete, Reliable, Current Or Error-free. BisouMargaux Does Not Represent Or Warrant That Our Site Or Its Servers Are Free Of Viruses Or Other Harmful Components.
Limitation of Liability
In no event shall BisouMargaux, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from BisouMargaux, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, war, riot, communications failure, theft, destruction or unauthorized access to BisouMargaux’s records, programs or services.
Applicable Law and Venue
These Terms and Conditions and your use of this Site will be governed by and construed in accordance with the laws of Hong Kong, The Special Administrative Region (“HKSAR”), applicable to agreements made and to be entirely performed within Hong Kong SAR, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in courts located in Hong Kong and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising from your use of this Site, any purchase from this Site, or these Terms and Conditions.
Modification and Notice
You agree that BisouMargaux may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, BisouMargaux reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent your future access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please contact us at email address firstname.lastname@example.org