Terms & Condition – Fortuna Jewelry

FORTUNA JEWELRY WEBSITE TERMS AND CONDITIONS("T&CS")

(These T&Cs were last revised on 01.10.2023)

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

You will be accessing the Site from either the United States or Canada- some terms may only apply or may not apply depending on where you are resident (in particular, some special terms apply to residents of Quebec). Please check carefully when you are reading these T&Cs.

References to ” Fortuna Jewelry “, “we” or “us” are references to Fortuna Jewelry Limited.

1. ONLINE ORDERS - our contract with you

1.1. When you place an order online via the Site (an ” Online Order”), you confirm that the information you provide as part of such Online Order is true, accurate and complete in all respects. By placing an order you confirm that you are over 18 years of age.

1.2. You agree that your order is an offer to buy, under these T&Cs, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

1.3. The steps required to form a binding contract between you and Fortuna Jewelry in relation to the purchase (by you) and supply (by us) of products are outlined below:

1.3.1. You place an order for products when you complete the online checkout process.

1.3.2. You will be given the opportunity to confirm the details of your order, including your address and payment details, and correct any errors prior to completing your order.

1.3.3. When you place an order, we will send you an acknowledgement email to let you know that we have received your order (including a copy of these T&Cs). This is not an order confirmation or acceptance.

1.3.4. Once we have processed your order, we will send you a confirmation email to confirm that your order has been dispatched for delivery. This confirmation email is confirmation and acceptance of your order. Your payment card will be charged on dispatch.

1.3.5. We will contact you if we cannot accept your order, which may be the result of (i) the products not being available, (ii) a problem with your payment method, (iii) a pricing or product description error on the Site, (iv) our inability to deliver the products due to local import restrictions or requirements at your delivery destination or (v) your failure to meet our eligibility criteria for orders or your breach of any of the T&Cs or applicable law.

1.4. In respect of any contract formed between you and Fortuna Jewelry using this Site (pursuant to the process set out in clause 1.2 above), Clause 15 out the governing law which shall apply and which courts shall have jurisdiction over such contract.

2. OUR PRODUCTS

Product descriptions, pricing and availability

2.1. We will take all reasonable care to ensure that all details, descriptions and prices of products on our Site are accurate and kept up to date. We do not guarantee that the product images you see are an accurate representation; for example colours may differ from the images shown on the Site due to your computer/device screen resolution or settings.

2.2. Prices posted on this Site may be different than prices offered by us in our stores. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.

2.3. We may change products:

2.3.1. to reflect changes in relevant laws and regulatory requirements; and

2.3.2. to implement minor technical adjustments and improvements.

2.4. Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

2.5. All orders are subject to availability. Once a product is sold out, it will be taken off the Site and may not be available again. If products that you order are out of stock we will contact you and may cancel the whole or part of your order. If we are unable to contact you, we may cancel the whole order or the relevant part of the order and process the remainder of the order at our discretion.

Made to measure products

2.6. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

3. PAYING FOR PRODUCTS

3.1. We accept payment by all major credit cards and debit cards, together with AliPay, WeChat Pay and any other card providers and payment mechanisms as specified in these T&Cs or the FAQs from time to time. Please see our FAQs for a full list of the payment methods accepted and accepted currencies.

3.2. Online Orders must be paid in the currency specified on the applicable Site. For example, if an item is ordered via the HK Fortuna Jewelry Site we will only accept payment in US Dollars. If you choose to pay for an Online Order placed on our US Site using a payment card with a foreign currency-denominated account, the payment will be taken in US Dollars. Your payment card issuer will then convert the US Dollars value, using their foreign exchange rates.

3.3. Depending on your shipping location, local import taxes may be applied to your order prior to checkout (for full information please refer to ‘International Orders’ below). Details of applicable taxes will be provided at checkout.

3.4. Except in respect of bespoke or personalised items, the amount of the purchase price will be blocked on your payment card until your order has been shipped, when your payment card will be charged the purchase price for your item(s). In respect of bespoke or personalised items (including products which are engraved), the full amount of the purchase price will be charged at the time of checkout.

3.5. We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent or negligent, we will not, to the extent permitted by law, be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.

3.6. In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment or refusal by the issuer of the card), the sale will be cancelled immediately and you will be notified in writing.

3.7. Prior to order confirmation, Fortuna Jewelry may contact you to ask for additional information or confirmation of identification for fraud prevention purposes. For information about how we process your personal data, please see our Privacy Policy www.fortunajewelry.com.hk/privacy-cookie-policy.

4. INTERNATIONAL ORDERS

4.1. For the purposes of these T&Cs, “ International Order” means an order in respect of which the shipping origin and the shipping destination are in two separate countries.

4.2. International orders may be subject to local taxes, import duties or other local requirements. Where possible, these taxes will be calculated and displayed at checkout before you confirm your order.

4.3. It is your responsibility to comply with all requirements imposed by local customs authorities in relation to your order (including requirements regarding the provision of identification information in order to receive your order). We recommend that you make yourself aware of local import duties and any other requirements before placing your order. Fortuna Jewelry is not responsible should local customs officers confiscate your products or charge any import duty on your products.

5. delivery

Delivery options

5.1. Different delivery policies and options may apply depending on where your order is being delivered. Please visit the Delivery Options page or our FAQs for further information.

5.2. We do not charge for our standard shipping and handling option, but this option may not be available for International Orders or orders for certain products. At checkout you will be provided with an estimated delivery date for your items. Please refer to the Delivery Options page for further information.

5.3. The costs, delivery times and service levels of any non-standard shipping and handling options (including International Orders) can be found on the Delivery Options page. Please note that there may be a longer lead time between order confirmation and dispatch of your order if your items are bespoke or personalised (including products which are engraved). We will not be responsible if our supply of the products is prevented or delayed by an event outside our control (for example, a delay caused by a shipping carrier), but we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will inform you of any such event within 7 days and will arrange a new delivery date with you.

5.4. Fortuna Jewelry will use all reasonable endeavours to deliver products on time but cannot guarantee any time-sensitive requests.

5.5. If you are based in Canada, depending on which province you are in, you may have a legal right to cancel an order (and receive a full refund of all costs, including delivery charges) if delivery of your product is not completed within 30 days of the expected date of delivery.

Delivery process

5.6. Once your order has been processed and confirmed, Fortuna Jewelry will email you with the relevant courier name and courier tracking number (if applicable) and expected delivery date.

5.7. For security, all our products are sent by secure courier delivery, where original photographic proof of identity (such as a passport or identity card) and signature are required on delivery to show that the person taking receipt of the order is the same person named in the order details.

5.8. In case of a failed delivery attempt, the package will not be left with an alternative person or at an alternative delivery location. Instead, an attempt to re-deliver will be made by the courier company. Repeated failed delivery attempts will result in the package being returned to Fortuna Jewelry and the order cancelled.

5.9. In respect of countries outside of the US in which Fortuna Jewelry does not have a store or registered entity, our third party logistics provider may require your specific authorisation to clear your order through customs on your behalf. To the extent legally permissible, you hereby provide such authorisation to the relevant third party logistics provider (see https://www.fedex.com/ for details of the relevant third party logistics provider in respect of your country).

In-store collection

5.10. We may, at our discretion, allow you to collect any product you have ordered from one of our local retail stores. If you have opted to collect an order in-store (where such option is available), you will be required to bring to the relevant store, original photographic proof of your identity (such as a passport or identity card) together with your payment card used to place the order. You will be able to collect your order during the normal trading hours of the store concerned. Your product will be held at the store for 7 days after we have notified you the product is available for collection. If you do not collect the product within the 7 day period, the product will be returned to our storage facility and we will notify you how to arrange delivery to your address.

5.11. If you do not collect the product from us as arranged (or having failed to collect the item you subsequently fail to arrange delivery of the item to your address), we will attempt to contact you for further instructions. If we are unable to contact you or arrange delivery or collection within 30 days of the original collection date we may cancel your order and issue a refund (where payment has already been taken).

5.12. You agree that you shall be responsible for complying with any applicable legal requirements once you have collected your product, including requirements which may arise when transporting your product to another country (such as completing any required customs declarations and paying any applicable taxes and/or customs duties).

Your responsibilities in relation to delivery

5.13. The product will be your responsibility from the time we deliver the product to the delivery address you gave us or from the time you collect it from us.

5.14. Subject to clause 5.15, you own the goods once we deliver the product to the delivery address you gave us or from the time you collect it from us.

5.15. In respect of International Orders, clause 5.14 does not apply and instead you own the goods once you pay for them.

5.16. Should you wish to return an item, all products are sent out with information and materials to assist you with your return. Packaging should also be kept for the period you are able to return the goods, as this will help to ensure safe and secure return delivery. See ‘Returns’ below for more information.

6. After sales service

6.1. We will repair or replace, free of charge (including costs of re-delivery) any products which are damaged or lost in transit where delivery is made by our shipping carrier, but only if:

6.1.1. you tell us about the damage or loss as soon as possible after the actual delivery date in the case of damage and as soon as possible after the expected delivery date we gave you when you placed your order in the case of loss; and

6.1.2. you produce to us all documents that you have relating to the lost or damaged products and the original packaging for damaged products.

7. returns

7.1. While we hope you are delighted with your Fortuna Jewelry, you do have a right to withdraw from the contract and return the product within 30 days without giving any reason. This right of withdrawal applies to all products other than Non-Returnable Products (see clause 7.4). This is in addition to any statutory warranty rights that you may have (which may give you rights to return the product) and these are NOT limited or excluded.

7.2. Subject to clause 7.3, if for any reason you decide not to keep your online purchase then we will accept returns of all products (other than Non-Returnable Products) in exchange for a full refund, provided that:

7.2.1. you return the product(s) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to Fortuna Jewelry (see below at clause 7.6) (note that the deadline is met if you send the product before the period of 14 days has expired) within 30 days from the date of delivery to the return address provided, or to a store (including one of our our franchise stores for further information) in the country from which the item was shipped (if applicable);

7.2.2. the product(s) is/are in its/their original condition (other than removed from the packaging to inspect and try on) and is/are returned with all original packaging and enclosures (including any accompanying certificates); and

7.2.3. you enclose the original sales invoice when returning the product(s).

7.3. Except to the extent legally required, we do not provide direct exchanges in relation to returned items. If you wish to exchange your item for the same or another item then you must re-submit a new order for the relevant item.

7.4. WE CANNOT ACCEPT RETURNS OF (AND WILL NOT ISSUE REFUNDS IN RESPECT OF) NON-RETURNABLE PRODUCTS, AS DETAILED BELOW IN CLAUSE 7.15.

7.5. Please note that a different return policy may be applicable for in-store purchases.

How to return an item

7.6. Where you wish to return a product, please let us know by either:

7.6.1. using a form you can request from clientservices@fortunajewelry.com.hk; or

7.6.2. contact the Fortuna Jewelry customer service team (by phone, or via post or email) (note that you will need to provide a clear statement that you wish to cancel, together with you order number, your contact details and details of the products you wish to cancel), and we will arrange for collection of the item.

7.7. Alternatively, you can return items to a store in the country from which the item was shipped. Please see our Delivery Options page for further information.

7.8. Once the return details have been processed by us, we will send you an email confirming when to expect collection, the name of the courier company, and the tracking number for the package.

7.9. To ensure a safe and secure return of item, Fortuna Jewelry will arrange a secure courier collection of the item which will be fully insured, if the returned items are packaged and prepared in the following way:

7.9.1. place your jewellery items back within the Fortuna Jewelry presentation box;

7.9.2. then place the presentation box and all materials provided with the original order (including the certificate of authenticity and sales invoice) back within the original shipping box;

7.9.3. seal the shipping box;

7.9.4. place the shipping box in the white shipping pouch provided in the ‘Return Pack’;

7.9.5. attach a copy of the courier airway bill onto the front of the white shipping pouch. Keep the other copy of the airway bill;

7.9.6. seal the white shipping pouch by peeling off the seal number. Keep the seal number as a reference;

7.9.7. the Fortuna Jewelry Customer Service team will confirm with you the collection date, time and courier details;

7.9.8. prior to the courier arriving, ensure the package is sealed securely.

7.10. In the event that the requirements under clause 7.9 are not properly followed, Fortuna Jewelry will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.

7.11. Prior to returning your products to us, you are obliged to keep and take reasonable care of them.

Payment of refunds, delivery costs and costs of return

7.12. A refund will only be issued once Fortuna Jewelry has confirmed that the conditions for return (as set out in these T&Cs) have been met.

7.13. Refunds in respect of returned products can only be credited to the same method of payment as was used when you placed the order. You will not incur any fees as a result of the re-imbursement.

7.14. We will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you other than what is necessary to establish the nature, characteristics and functioning of the products. However, we will not be liable for any fee charged by your bank or financial institution in respect of any refund.

7.15. We will make reimbursement without undue delay, and not later than:

7.15.1. 14 days after the day we receive back from you any of the goods supplied; or

7.15.2. (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or

7.15.3. if no goods were supplied, 14 days after the day on which we are informed about your cancellation.

7.16. Refunds and exchanges on purchases to which a promotional discount applied at the time of purchase will be calculated at the reduced price.

7.17. In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.

7.18. Subject to the other provisions of this clause 7 in respect of returns and refunds (if applicable), we will pay the costs of returning the relevant product(s):

7.18.1. if the products are faulty or not as described on the Site;

7.18.2. if you are ending the contract because we have told you of an upcoming change to the product or these T&Cs, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

7.18.3. if you are exercising your right to change your mind.

7.19. In all other circumstances you must pay the costs of returning the relevant product(s).

Products which cannot be returned

7.20. We cannot accept returns of products that have been worn, used, or otherwise altered or damaged as a result of use. We reserve the right to:

7.20.1. refuse return of any product that does not meet the return requirements as set out in this clause 7 according to our reasonable discretion; and/or

7.20.2. reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that does not meet the return requirements as set out in this clause 7 according to our reasonable discretion. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount as damages as determined by us according to our reasonable discretion.

7.21. There is no legal right to change your mind in respect of products which are made to your specifications or are personalised (including by engraving and bespoke items) (Non-Returnable Products), and (except where the products have been damaged or lost in transit where delivery is made by our shopping carrier) we will not accept returns of such products nor will we issue refunds in respect of such products. Where a bespoke item does not match the specifications you have provided and to which we have confirmed our agreement, subject to availability, we will exchange the item free of charge so as to meet the correct specifications.

8. Our rights to end the contract

8.1. We may end our contract with you if you breach its terms or if:

8.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

8.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

8.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

9. your use of the site

9.1. The Site is for your personal and non-commercial use only. You agree that you are solely responsible for:

9.1.1. all costs and expenses you may incur in relation to your use of the Site; and

9.1.2. keeping your password and other account details confidential.

9.2. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at clientservices@fortunajewelry.com.

9.3. We may prevent or suspend your access to the Site if you do not comply with any part of these T&Cs, any terms or policies to which they refer or any applicable law.

9.4. You may not use the Site or its contents:

9.4.1. to download (other than page caching) or modify the Site, or any portion of it;

9.4.2. to interfere with or disrupt any network or Site connected to the Site or gain unauthorised access to other computer systems;

9.4.3. to interfere with the enjoyment or use of the Site by any other person;

9.4.4. for any purpose which is unlawful.

9.5. In addition you may not, in relation to the Site, use any:

9.5.1. data mining, robots, or similar data gathering and extraction tools;

9.5.2. framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats which we use on the Site;

9.5.3. meta tags or any other hidden text which uses our name or trademarks.

9.6. Using the Site does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

9.7. We do not represent or warrant that the material contained in the Site or any of the functions of the Site or our server(s) will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided as is. Accessing the Site is entirely at your own risk.

10. Third party sites

10.1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse the third party or its website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11. other applicable policies and terms

11.1. You acknowledged that the following additional polices and terms shall apply to your use of the Site:

11.1.1. Our Privacy and Cookies Policy www.fortunajewelry.com.hk/privacy-cookie-policy which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

11.1.2. Our Acceptable Use Policy , which sets out the permitted and prohibited uses of the Site. By using the Site, you agree to comply with this policy.

12. how to contact us

12.1. For complaints or other customer service queries please contact our Customer Service team at: www.fortunajewelry.com.hk/privacy-cookie-policy.

13. indemnification

13.1. You agree to defend, indemnify, and hold harmless Fortuna Jewelry, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these T&Cs or your use of the Website or Services, including, but not limited to, your use or any other person’s accessing the Site using your account and/or your personal information, of the Website’s content, services, and products other than as expressly authorized in these T&Cs, or your use of any information obtained from the Website or Services.

14. limitation of liability

14.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES AND ANY ORDERS PLACED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

14.2. NOTHING IN THESE CONDITIONS OF SALE LIMITS OR EXCLUDES OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE PRECEDING SENTENCE, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. governing law

15.1. All matters arising out of or relating to these T&Cs (other than for residents of Quebec; Quebec residents please see Clause 17.1)are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

16. binding arbitration and class action waiver

16.1. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Fortuna Jewelry will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

16.2. WAIVER OF TRIAL BY JURY. WITHOUT IN ANY WAY PREJUDICING OR INTENDING TO LIMIT THE APPLICATION, SCOPE OR EFFECTIVENESS OF THIS AGREEMENT TO ARBITRATE, TO THE EXTENT THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT IS NOT ARBITRATED, YOU AND Fortuna Jewelry IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE HAD TO A TRIAL BY JURY IN RESPECT OF SUCH CLAIM OR CAUSE OF ACTION.

16.3. You and Fortuna Jewelry agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” as used here means any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning these Terms or the Products or Services provided to you, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Fortuna Jewelry empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable. The arbitrator’s award shall consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

16.4. In the event of a dispute, you or Fortuna Jewelry must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Fortuna Jewelry: clientservices@fortunajewelry.com.hk. We will send any notice of dispute to you at the contact information we have for you. You and Fortuna Jewelry will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.

16.5. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You or we may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

16.6. If you and Fortuna Jewelry do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right to set aside the award under the Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY . Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. You will have a reasonable opportunity to participate in the process of appointing the sole arbitrator in accordance with Rule 12 of the JAMS Rules.

16.7. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in New York County, New York, New York; provided, however, that if circumstances prevent you from traveling to New York, JAMS may hold an in-person hearing in your hometown area.

16.8. If you initiate arbitration proceedings against us, you will be required to pay a filing fee in the amount of US$ 250. All other costs shall be borne by us. In case we initiate arbitration proceedings against you, we will bear all costs associated with the arbitration.

16.9. Any discovery or exchange of non-privileged information relevant to the dispute shall be undertaken pursuant to the JAMS Rules.

16.10. You and Fortuna Jewelry agree to submit to the exclusive jurisdiction of the federal or state courts located in New York County, New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. You and Fortuna Jewelry hereby consent to recognition and enforcement of any resulting award in any jurisdiction and waive any defense to recognition or enforcement based upon lack of jurisdiction over the person or property or based upon any doctrine of forum non conveniens.

16.11. Except as provided above with respect to jurisdiction in Hong Kong, nothing in this arbitration provision shall be construed as consent by Fortuna Jewelry or any of its affiliates to the personal jurisdiction of any other court with regard to disputes, claims or controversies unrelated to these Terms or the Products or Services provided to you.

16.12. Except to the extent required under applicable local law which requires that venue be in the country of your residence, you agree that any action at law or in equity arising out of or relating to these Terms or the Products or Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Hong Kong, and you consent and submit to the personal jurisdiction of these courts for the purposes of litigating such action.

17. residents of quebec

17.1. Clause 15 shall not apply. For residents of Quebec, all matters arising out of or relating to these T&Cs are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.

17.2. Clauses 13, 14 and 16 may not be fully enforceable to residents of Quebec to the extent the Quebec Consumer Protection Act applies.

18. other important terms

18.1. This Site and all intellectual property rights in it are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these T&Cs. This means, for example, that we remain owners of such rights and we are free to use them as we see fit.

18.2. Nothing in these T&Cs grants you any legal rights in the Site (or any content contained therein) other than as necessary to enable you to access the Site. You agree not to modify, circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site (and you further agree not to attempt to do so).

18.3. We may transfer our rights and obligations under these T&Cs to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to cancel the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

18.4. You may only transfer your rights or your obligations under these T&Cs to another person if we agree to this in writing (such consent not to be unreasonably withheld). We may require the person to whom any rights or obligations are transferred to provide reasonable evidence that they are now the owner of the relevant product.

18.5. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these T&Cs.

18.6. No waiver by us shall be construed as a waiver of any right for any breach of these T&Cs.

18.7. If any provision of these T&Cs shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining T&Cs.

18.8. These T&Cs govern our relationship with you. You agree that you have not relied on any representation outside of these T&Cs. Your statutory rights are not affected by these T&Cs. Nothing in these T&Cs shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

18.9. In respect of residents of Canada:

18.9.1. The parties to these T&Cs hereby confirm their express wish that these T&Cs, as well as all other documents related to it, including but not limited to all waivers, consents and other communications between the parties be in the English language only and declared themselves satisfied with this;

18.9.2. Les parties à ces CGV confirment leur volonté expresse de voir la présente CGU, ainsi que tous les autres documents y afférents, y compris, mais non de façon limitative, tous les confirmations, avis, dérogations, consentements et autres communications entre les parties en langue anglaise seulement et s’en déclarent satisfaites.

DELIVERY OPTIONS

Please see below the possible delivery options for your item(s), which will depend on your location. Prices for delivery will be calculated at checkout.

DELIVERY OPTION	WHEN CAN I SELECT THIS OPTION AND HOW MUCH DOES IT COST?
Collect in store	If we have stores in your country, you can choose to collect your item(s) from any of our stores in that country. For further details on where our stores are located, please see our list of stores, available here We do not charge for our collect in store service.
National delivery	If we have a store in your country, you can choose to have your item(s) delivered to your address using our national delivery service. No deliveries are made to P.O. Box addresses. For further details on where our stores are located, please see our list of stores, available here We do not charge for our national delivery service.
International delivery	If we do not have a store in your country, we will ship your item(s) to your address from one of our international locations. In addition to any local taxes, there will be an additional delivery charge. Prices for delivery will be calculated and disclosed at checkout prior to your finalization of the order.