Terms and Conditions

TERMS & CONDITIONS

These terms and conditions regulate the business relationship between you and us. By using our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

You are: a visitor to Our Website / our customer

The terms and conditions

Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website.
Our contract with you
These terms and conditions apply:
1. So far as the context allows, to you as a visitor to Our Website; and
2. In any event to you as a buyer or prospective buyer of our Goods.
3. We shall accept your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
5. Unfortunately, we cannot guarantee that Goods advertised on our website are available.
6. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
  1. accept the alternatives we offer;
  2. cancel all or part of your order at no charge to you;
7. If in the future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
8. If we owe you money on account of your cancellation, we will credit your credit your debit card / PayPal account as soon as reasonably practicable, but in any event no later than 30 days from the date of cancellation of your order.
Your account with us
1. You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods.
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for preventing any unauthorized person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. If you believe any person may have accessed your account without your authority, you must inform us immediately, and promptly log in to your account and change your password.
4. We reserve the right to refuse you access to Our Website.
Price and payment
1. We endeavor to keep our website and catalogue prices updated and accurate, but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
2. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than USD will be borne by you.
3. Any information given by us in relation to exchange rates is approximate only and may vary from time to time.
4. Prices are for goods, services and material. Unless explicitly stated otherwise, prices do not include any taxes or duties relevant to the country and state of your specified delivery address.
5. All payments are processed by PayPal. No credit card information is stored or processed by us or the tanzanitedirect.com website. Using PayPal services means that you must accept all of the terms and conditions contained in PayPal's User Agreement and Legal Agreements, page including the Privacy Policy and the Acceptable Use Policy. It is your responsibility to read all of these terms carefully.
Delivery
1. The risk of loss and title for all products purchased by you and shipped by TanzaniteDirect.com pass to you upon delivery of such products by TanzaniteDirect.com to the carrier, for delivery by the carrier to your specified delivery address. The risk of loss and title for all products purchased by you and shipped directly by one of TanzaniteDirect.com vendors pass from such vendor to you upon such vendor’s delivery of such products to the carrier, for delivery by the carrier to your specified delivery address. Notwithstanding the agreement that risk of loss for any package passes to you upon delivery to the carrier, to accommodate our customers, TanzaniteDirect.com will assume responsibility for any damage or loss in transit or for non-delivery, provided that TanzaniteDirect.com receives email notice of claim within seven (7) working days from the date when the shipment was delivered to your specified delivery address. TanzaniteDirect.com assumption of responsibility for damage or loss in transit or for non-delivery terminates if a written claim is not received by TanzaniteDirect.com within that time. In any event, the responsibility of TanzaniteDirect.com is limited to either replacement of the merchandise or at TanzaniteDirect.com's sole option, return of the purchase price and shipping charges. Once the package is delivered to your specified delivery address, TanzaniteDirect.com assumption of responsibility for non-delivery terminates. Any package signed for at your specified delivery address shall be conclusively deemed delivered.
2. We may deliver the Goods in installments if they are not all available at the same time for delivery.
3. Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.
4. If we ourselves are not able to deliver your Goods within 20 days of the date of your order, we shall notify you by email to arrange a later date for delivery and giving you the option of cancelling your order.
Cancellation of order
1. You may cancel your standard item order at any time before we dispatch your order.
2. If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
3. If you cancel after we have dispatched the Goods, we will refund the price of the Goods only. You are responsible for all costs to facilitate the return of the item to us. We don’t accept any liability for returned items until they have been received by us. We recommend using an insured and trackable delivery method. Please ensure the item is packaged securely and appropriately for postage.
  To start the returns procedure, please refer to clause 9 of this document.
4. The option to cancel your order is not available if the Goods are made or altered to your specification
5. To assist us in identifying your Goods on receipt by us, we ask you to follow the returns procedure and email us as specified in clause eight of this document.
6. We will refund your money within 30 days of receiving Goods.
7. This paragraph does not affect your rights in the event that the Goods are faulty.
8. Refunds for payments purchased via PayPal will be refunded via PayPal's "send money" function, after the period of 2 months from the date of purchase.
Foreign taxes, duties and import restrictions
1. If your delivery address is located outside of Hong Kong, it is your responsibility to be aware of any restrictions, duties or taxes applicable to Goods in your country, and to ensure that your purchases of Goods comply with the laws of your country.
2. You are responsible for purchasing Goods which you are lawfully able to import, and for the payment of import duties and taxes of any kind levied in your country.
“Faulty Goods / Change of Mind” Goods return policy
1. If for any reason you are not completely happy with your purchase, you can contact us via email within the specified time (below) in order to start the returns process.
2. We will happily replace and ship /or refund the receipted cost of any faulty piece, should the returns process be started within 14 days of delivery (including day of delivery). The decision to replace or refund is made by TanzaniteDirect.com.
3. We will happily refund the receipted cost of a “change of mind” piece, should the returns process be started within 14 days of delivery (including day of delivery). Please email customer service to start this process.
4. Examples of non returnable products include:
  - Items which have been abused or modified
  - Special orders made to customer specifications
  - Products modified as per customer requirements, including rings which have been back-ordered and made to US size 6 or below, or US size 7.5 or above.
Returns procedure:
1. To return any item(s) it is essential that you follow the instructions below.
2. If you wish to return an item, you must inform us of your intention to return the item via emailing info@TanzaniteDirect.com
3. We will respond with instructions on dispatching the item(s) you wish to return.
4. As far as possible, returned Goods must be shipped by you:
  • as far as possible in their original condition, including the packaging
  • securely wrapped
5. We will send you an email confirmation when we receive the Goods being returned.
6. After receiving your return, our jewelers will inspect the item and approve a replacement or refund.
7. If you are returning merchandise as a result of (a) error on the part of TanzaniteDirect.com or (b) defective product, we will exchange it free of charge, or refund the full cost of the merchandise and shipping charges.
8. Refunds will be processed within seven days after we receive the items.
9. The amount of the refund will be the original purchase price indicated on your receipt.
10. Credits on returned merchandise will be refunded to the original credit card or PayPal account.
11. Please allow 1 to 2 billing cycles for the credit to appear on your statement.
Specific definitions in connection with the returns procedure
1. “Faulty”
  All items sold are required to meet with the description given to them and printed on the website and be free from any material defects. Any failures to meet with these requirements will allow the return of the Goods as "faulty". For Goods which are deemed faulty during wear, our replacement and refund policy only covers the everyday use of these Goods that a reasonable buyer would expect of the goods, and not activities outside of this scope. Please note that tanzanite rings should only be worn as dress rings / special occasion pieces and should not be worn during strenuous physical activity or activities where the item could sustain direct knocks / heavy pressure or extreme changes of temperature. Goods damaged under these circumstances cannot be viewed as "Faulty". Any further definition of "Faulty" shall be determined by our trained jewelers in accordance with the companies local governing law.
2. “New or unused” condition
  "New or unused condition" means that there are no scratches, marks, blemishes, nor any other damage(s) on the item, and that it has not been sized or altered in any way. Our jewelers will inspect your item upon receipt. If the item has been sized or altered in any way, or is not in new condition, it will not be accepted for exchange or refunds, and we will return it to you at your expense. We must receive your returned items within 30 days of the original shipping date. If we receive your item after 30 days of the date of shipping, we may refuse the return and ship it back to you at your expense.
  We recommend that all other enquiries are emailed to customer service using the “Contact us” link. However, a Customer service agent may be contacted via phone during our working hours: Monday to Friday 9.00 am to 4.30 pm (Hong Kong time).
Disclaimers
1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3. We give no warranty and make no representation, express or implied, as to:
  1. the adequacy or appropriateness of the Goods for your purpose;
  2. the truthfulness of any Content on Our Website published by someone other than us;
  3. any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
  4. compatibility of Our Website with your equipment, software or telecommunications connection.
4. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
6. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
7. The above two sub-paragraphs do not apply to a claim for personal injury.
Content and Intellectual Property Rights
1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
4. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
5. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your Email Address & Information We Collect
1. We may collect information that can identify you (“personal information”), such as your name and e-mail address when you (or other customers) provide it to us when using the TanzaniteDirect.com website or in some other manner. As a policy, TanzaniteDirect.com does not sell, trade or rent your personally identifiable information to third parties, unless you have granted us permission to do so. TanzaniteDirect.com may also collect other types of information in the following ways when you visit our website:
  • Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
  • We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.
  • We may use standard Internet tools, such as web beacons, which collect information that tracks your use of our website and enables us to customize our services and advertisements.
  • For more details of the information we may collect and why we do so please click here
2. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
System Security & Payment Processing
1. No credit card information is inputted into TanzaniteDirect.com website or processed by us. We do not have access to and will not store your credit card or payment information after your transaction is completed.
2. All payments are processed by PayPal. Paypal combine world-class anti-fraud detection with 24/7 account monitoring to keep your information safe. Your personal and financial details are securely encrypted to ensure your money and information stay secure, and your financial information is never shared. Using the PayPal Services means that you must accept all of the terms and conditions contained in PayPal's User Agreement and Legal Agreements, including the Privacy Policy and the Acceptable Use Policy.
3. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
4. You may not use any software tool for the purpose of extracting data from our website.
5. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
6. TanzaniteDirect.com have physical, electronic and managerial processes in place to help protect information we collect via our website. All stored customer data is protected with secure passwords, user log-ons and other security procedures. However you are responsible for taking all reasonable steps to:
  • prevent someone misusing or getting unauthorized access to your computer system or to any codes or passwords you have to access the website, and
  • ensure your computer system and data are free of viruses and other forms of corruption.
7. In the event that any information under our control is compromised as a result of a breach of security, TanzaniteDirect.com will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Miscellaneous provisions
1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper communications sent by post.
2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
3. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
6. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
8. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Order Acceptance
1. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the cancellation procedure in clause 6 of these Terms and Conditions.
2. Non-acceptance of an order may be a result of one of the following:
  • The product you ordered being unavailable from stock
  • Our inability to obtain authorization for your payment
  • The identification of a pricing or product description error
  • Your failure to meet the eligibility to order criteria set out in these Terms and Conditions

Privacy Statement

The Privacy Statement governs the collection, use and disclosure of your personal information by us. The Privacy Statement forms a part of these terms of use and is available here.

Jurisdiction and Governing Law

This Site and content have been prepared in accordance with the requirements of Hong Kong law. These terms of use and any matters or disputes connected with this Site will be governed by Hong Kong laws and will be dealt with Hong Kong courts.

Amendments

We may amend these terms of use from time to time. It is your responsibility to make yourself familiar with the latest version of these terms. By continuing to use Our Website, you are deemed to have agreed to the amended terms of use.

YOUR USE OF THE WEBSITE

From time to time we may restrict access to some parts of Our Website to users who have registered an account with us. If you register and are provided with any user identification codes or passwords, you must keep such codes and passwords confidential and not disclose them to any third party.

You agree to use Our Website in a manner that complies with all applicable laws and regulations and that does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of Our Website.

In particular, you agree not to:

damage or harm the website, or any underlying or connected network or system;
introduce any content or code to the website which is technologically harmful;
upload or post any content on the website (or use the website to transmit any communication) which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.

In addition, when posting or uploading content to the website or make contact with other users of the website:

you agree that any such content may be used, copied, distributed or disclosed by us; and
you warrant that you own any intellectual property rights in such content.