TERMS OF SALE
Tahiti Perles – A Robert Wan Company
Auction Terms and Conditions
Last updated May 2020
- Our Website
1.1 Your use of this website and any service contained within constitutes acceptance by you of these Terms & Conditions.
1.2 Any reference to “you” refers to you as a user of this website.
1.3 Any reference to “us” refers to ROBERT WAN LUXURY LIMITED. All rights reserved. 10/F Chinaweal Centre 412-424 Jaffe Road, Wanchai, Hong Kong
1.4 Any reference to this “website” refers to the website address tahitiperles.robertwan.com and such other locations where it may be hosted or featured where the entire website or elements of the website are hosted or featured by our partners.
2.1 You must be a minimum age of 18 and represent a company to register with and use this website. Furthermore, you must be able to enter into legally binding contracts. By registering and using this website you warrant that you are 18 or older, represent a company, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions.
2.2 You will not be eligible to use this website if you have previously been banned from using it and a ban is currently still in place, or where you have been suspended and a suspension is still in place.
- Registration, Security & Access
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or enterprise, or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 It is a breach of these Terms & Conditions to create more than one account, unless one account is for business use and the other account is for your personal use as a consumer. In this instance business and consumer use should be kept strictly separate. Furthermore, one account cannot be used to interact with the other.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
3.4 We reserve the right to block or limit access to any account at any time. We also reserve the right to prevent access to the website at any time from any specific IP address or IP address range or country. We further reserve the right to block any device or devices.
3.5 Furthermore we reserve the right to block any virtual private network (VPN) or proxy service.
3.6 Any blocking of access may be temporary or permanent, at our sole discretion.
- Specific Auction Rules
4.1 As a user you agree not to do any of the following:
- Fail to pay for any item purchased by you. This excludes where the seller materially alters the terms of the sale after you have bid or agreed to purchase, or where the items are not as described.
- Manipulate the bidding process or price of any item, , working in conjunction with others to bid-up items, entering high bids and then withdrawing them, or any other form of manipulation or concerted action to distort the auction process whether related to your own items or those of another user.
- Seek to avoid the payment of auction fees owed to us or manipulate the fee structure or fee payment process in any way.
- Use or harvest data provided by other users in a way that they would object to.
- Use data provided by other users for purposes other than contacting them via the website.
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
- Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organizations.
- To pose as another user, third party or organization or Tahiti Perles - Robert Wan employee for the purposes of obtaining user or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
- Reframe or repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
- Use any robot, spider, scraper or other technical means to access the website or content on the website.
4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of $50 for each and every individual email or other communication sent to a user or third party.
4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
- Copyrighted Material
5.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
5.2 Where notified of such breaches by the owner of such content we will remove the content from the website as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
5.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
6.1 You are responsible for paying all taxes incurred from using this website and generating profits from such use.
6.2 We will cooperate fully when requested with all government agencies and bodies responsible for assessing and collecting such taxes.
Please note that we ship worldwide. Deliveries are made within 30 days unless otherwise stated. Once we provide you with an Order Confirmation, we will also provide you with an estimated delivery date. This estimated delivery date may vary according to your location, delivery method, and circumstances beyond our control.
- Suspension Termination or Downgrading
8.1 We may suspend or terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such suspension or termination can be with or without notice. As a user you can choose to suspend or terminate your account at any time and are free to remove any content you have created on termination.
8.2 It is our sole decision whether to suspend or terminate any user account. In the case of suspension, it is also our sole decision was to when (or if) a suspended account will be reactivated.
8.3 Various clauses within these Terms & Conditions are designed to survive and continue after suspension or termination, including (but not limited to) clauses 6, 10 and 11.
8.4 Where we operate a voting, points or any other form of reputation system we can at our sole discretion and with or without notice remove votes, points or otherwise downgrade your reputation where these Terms & Conditions or any other rules we operate on the website from time to time have been breached.
- Access & Availability
We take all reasonable steps to ensure that the website is available and functioning fully at all times. However, in the event the website is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the service we should have offered to you in the first place – this may include re-running auctions or re-opening bidding where appropriate and practical. Where this is not possible we will offer full or part-refunds
- Limitation of Liability
10.1 Nothing in these Terms & Conditions excludes our liability for death, personal injury or fraudulent misrepresentation due to the negligence of us, our employees, officers or third party partners.
10.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.
- Business Defined
For the purposes of the Terms & Conditions as business user is defined as - "a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf".
- Consumer Defined
For the purposes of the Terms & Conditions a consumer user is defined as - "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession".
- Applicable law and lesgislation
This Agreement and matters relating to the execution thereof shall be interpreted in accordance with and governed by the law of Hong Kong.
In addition, it should be interpreted as being between traders.
The use of our website and the purchase contracts for the product via said website are governed by the laws applicable in your country. For example, if you are a customer from the UK, UK law is applicable.
- Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
- No Agency
Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
- Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
We hope you are satisfied with each lot you purchased. If this was not the case, please inform us by email, indicating the reason with your contact details and your order tracking.
After study of your request and condition of the returned lot within 7 days of receipt (proof of the shipping agency), we will issue a refund.
- Return costs.
The return costs and any customs formalities are your responsibility.
The returned lot must be in its original packaging, with its description sheet, all of its contents and unopened (intact seal label).
- Conditions of returns.
In order to protect all customers and ensure returns are treated fairly, we reserve the right to refuse your return in the following situations:
- Lot not having been purchased directly from the tahitiperles.robertwan.com store
- Lot without identifier of the shop tahitiperles.robertwan.com
- Lot with descriptive label missing
- Lot with broken seal
- Cancel order.
If you wish to cancel your order while it is being shipped, you must wait to receive the package before requesting a return. Cross-border transport involves complicated procedures, national and international customs clearance as well as local and international carriers and transport agencies.
Please note that in the context of an auction, once the auction has finished and you have won a lot, you cannot cancel the order. You will be obligated to purchase the lot that you have won.
- Refuse delivery.
If you refuse to receive the package upon delivery or do not collect your package at your local collection point, our customer service will not be able to judge the situation of the package and we will therefore not be able to process your return request.
- Returned parcel.
If the parcel is returned to us for a personal reason of the customer (details below), we will contact you to organize the reshipment. However, please understand that no refund will be issued in this situation.
Details for personal reason of the client:
- Wrong address / no recipient
- Invalid contact information / no response to calls and delivery emails
- Refusal to accept the package / to pay taxes / to carry out customs clearance procedures
- Packages not collected by the deadline (except in cases of force majeure, supporting documentation).
- Data Protection
We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.
- Our Services
We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.
- Data Protection Register
Data is only used for the purposes described in our entry on the Data Protection Register.
- Required Period
We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
- Card & Payment Processing Data
We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.
- Backup & Data Storage
For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.
- Customer Requests
As a customer, you can at any time (and free of charge) request details of the data we hold relating to you - and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.
- Email Updates
We regularly email website news and information updates to those customers who have specifically subscribed to our email service. All subscription emails sent by us contain clear information on how to unsubscribe from our email service. Our email service is an opt-in service only; with your prior consent required in accordance with Article 6(1)(a) of the General Data Protection Regulation (GDPR). This means to subscribe you must enter your details into the email subscription page and submit them to us.
- Our Promise
We never sell rent or exchange mailing lists.
- Data sharing with partners
We do not share commercial or technical data with our partners unless we have specifically sought and obtained your prior approval. Where we request such approval, we will always fully disclose how your data is used.
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
- Product Updates
We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
- Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.
- Contact Us