Terms of Use

1.1 Please read carefully the Terms of Use (“Terms”) of Diane Jewellery™  and/or its subsidiaries or affiliates (“Diane Jewellery” or “we” or “us”) before using this Platform. By using the Website, mobile application or other Diane Jewellery or other products or services provided by Diane Jewellery (“Platform” or “Website”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you agree to be bound by these Terms and other applicable law, whether you are a registered member of Diane Jewellery. Diane Jewellery reserves the right to amend these Terms of Use at any time without notice, which shall be effective upon posting on the Platform.

1.2 We technically operate the Platform. However, we exercise no editorial control over some of the content on the Platform and in some cases other persons provide the Content on the Platform or operate parts of the Platform or other internet sites/platforms you may view or access through the Platform (“Third Party Providers”).

1.3. We may revise these Terms from time to time. The revised Terms will take effect when they are published.

2. Registration

2.1. You may be required to register with us in order to become a member of the Platform, or post user general content, or access certain parts of the Platform (“Sub-Portals”). Where you are required to register:

2.1.1. you must provide us with accurate, complete and updated registration information;

2.1.2. you must safeguard any username and password which we provide to you;

2.1.3. you authorise us to assume that any person using the Platform with your username and password is either you or is authorised to act for you; and

2.2. you should be eighteen (18) years of age or older, or those who are between sixteen (16) years and eighteen (18) years of age but obtained consent from your guardian & parents and it is a violation of these Terms for anyone under 16 to register for the Platform. You represent and warrant that you are 16 or older, or between sixteen (16) years and eighteen (18) years of age but obtained consent from your guardian & parents. Your account may be deleted without warning if you misrepresent your age.

2.3. You acknowledge that your use of some Sub-Portals may be governed by additional Terms & Conditions. Where this is the case, you will be notified accordingly, and those additional Terms and Conditions:

2.3.1. will apply to your use of such Sub-Portals in addition to these Terms; and

2.3.2. will prevail over these Terms to the extent of any inconsistency.

3. Services

3.1 You acknowledge that we may, in our sole discretion and with or without notice:

3.1.1.1. vary the Platform or any part of the Platform (including any Sub-Portals for which you are required to register);

3.1.1.2. modify or discontinue this Platform or any part of the Platform and the services available on it.

4. Platform Content

4.1 All intellectual property on the Platform is owned by Diane Jewellery or its subsidiaries, affiliates, or licensors,
which includes materials protected by copyright, trademark, or patent laws. All
trademarks, service marks and trade names (e.g., the Diane Jewellery name and logo) are owned and registered by Opendoor Co. LTD. All content on the Platform including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of Diane Jewellery; All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Diane Jewellery trademarks in any
way, including in advertising or publicity pertaining to distribution of materials on the Platform, without Diane Jewellery’s prior written consent. The use of Diane Jewellery trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext or hyperlinks between the Platform and any other Internet site, is prohibited without the express written consent of Diane Jewellery.

4.2 The Content is only for your own non-commercial use, participating in the Platform or placing an order or
purchase Diane Jewellery products. You warrant not changing or deleting any
ownership notices from materials downloaded or printed from the Platform. You
warrant not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platform, without Diane
Jewellery’ prior written consent. You agree not to use any data mining, robots,
scraping or similar data gathering methods. Nothing in these Terms of Use shall
be interpreted as granting any license of intellectual property rights to you.

4.3 Price and other information of goods presented on the Platform is only an invitation for offer and your order shall be deemed as an offer. All orders placed through the Platform are subject to Diane Jewellery’ acceptance. Once your order is accepted by Diane Jewellery, and the purchase contract between Diane Jewellery and you are formed, only when Diane Jewellery sends you the confirmation email informing that the products you ordered have been sent out. If you have ordered more than one product under a single order, the purchase contract is formed only in relation to the product(s) for which Diane Jewellery has issued a confirmation email. This
means that Diane Jewellery may refuse to accept or may cancel any order, pursuant to these Terms of Use or for any other legitimate reason, and without liability to you or anyone else. If your debit card, credit card, bank account
or any other third party payment account (MASTERCARD, VISA, UnionPay, Alipay,
WeChat Pay, PayMe, Boc Pay or Octopus, etc) has already been charged for an order that is later cancelled, Diane Jewellery will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.

4.4 Purchase for resale is not permitted. The Platform is intended solely for Diane Jewellery to sell products direct to end consumers. Purchase for resale means the purchase of product by someone who resells, or intends to resell, the Diane Jewellery product to others (consumers, businesses or any third party). If Diane Jewellery believes you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platform account.

4.5 You agree that Diane Jewellery can cancel
your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:

You have reached an agreement with Diane Jewellery;

Information of the product on the Diane Jewellery website is obviously erroneous or the product is out of stock;

Your order information is obviously erroneous or your quantity exceeds the stock; Pricing errors; Platform technical problems;

Due to force majeure, transportation delay, system failure or third-party attacks of the Diane Jewellery website, and other circumstances beyond the control of Diane Jewellery and it is necessary to cancel your order;

You fail to complete payment within the specified time;

Diane Jewellery finds that you used scripts, robots, plug-in software or other technologies to hack the Diane Jewellery network to purchase Diane Jewellery products, which may affect the normal purchasing activities or rights and interests of other users or affect the orderly sale of Diane Jewellery products. Diane Jewellery reserves all rights to take all necessary legal actions to protect its rights and interests;

The purpose of purchasing Diane Jewellery products is for resale;

Using others’ accounts or identities to purchase;

Breach of other Terms of Use, Purchase Terms and Conditions or other regulations or policies of this Platform, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).

5. Third Party Providers

5.1 You acknowledge that:

5.1.1 parts of the Platform, and parts of the Content, are
provided or maintained by Third Party Providers and not by us.

5.1.2 Your correspondence or dealings with any Third Party
Provider are solely between you and that Third Party Provider, and you agree
that we will not be liable or responsible for any loss or damage of any sort
incurred as the result of such dealings.

6. Links and Advertisements

6.1 We have not reviewed all of the Platforms
linked to this Platform and are not responsible for the content or accuracy of
any off-Platform pages or any other Platforms linked to this Platform (including without limitation platforms linked through advertisements or
through any search engines).

6.2 Some links which appear on the Platforms
are automatically generated and may be offensive or inappropriate to some
people. The inclusion of any link does not imply that we endorse the linked
platform, and you use the links at your own risk.

6.3. Your correspondence or dealings with, or
participation in promotions of, advertisers on the Platform are solely between
you and such advertisers.

6.4 We will not be liable or responsible for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of advertisements on the Platform.

7. Personal Data and Cookies

7.1 In using the Platform you may give us “Personal Data” as
defined in the Hong Kong SAR Personal Data Privacy Ordinance (Personal Data
(Privacy) Ordinance) (Cap.486). You have certain rights in this personal data.
By using this Platform, you grant us the consent to use your personal data in
accordance with our Privacy Policy Statement.

7.2 We use third-party advertising companies to serve ads on
our Website and other websites. These companies may use information (not
including your name, address email address or telephone number) about your
visits to this and other websites in order to measure advertising effectiveness
and to provide advertisements about goods and services of interest to you.

7.3 During your use of the Platform, we may issue to and
request from your computer blocks of data known as “Cookies”. You must not
alter any cookies sent to your computer from the Platform and you must ensure
that your computer sends correct and accurate Cookies in response to any
relevant request from the Platform. Details of the arrangements for Cookies can
be found in paragraph 7 of our Privacy Policy “Use of Small Text Files (Cookies) and Log Files”.

8. The Use of the Platform Is at Your Risk

8.1 You use the Platform at your risk. You must evaluate,
and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Platform is for information purposes only. You should seek your own independent advice with respect to any Content.

8.2 We are endeavour to provide a convenient and functional Platform, but we do not guarantee that the Content will be error free or that the Platform or the server that operates it is free of viruses or other harmful components.

8.3 Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for
the Content.

8.4 If your use of the Platform results in the need for
servicing or replacing property, material, equipment or data, we will not be
responsible for such costs.

8.5 Without limiting the above provisions, everything
on the Platform is provided to you "as is" and "as
available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law or jurisdiction.

8.6 If a jurisdiction does not allow the exclusion of
implied warranties in accordance with paragraph 8.5 but allows limitations of a
certain maximum extent, then we limit our warranties to that extent.

9. Limitation of Liability

9.1 We will accept no liability whatsoever for any direct,
incidental, consequential or indirect damages, loss or corruption of data,
profits, goodwill, bargain, opportunity, anticipated savings or any other loss
resulting from your access to, reliance on, use of, or inability to use the Platform and the Content, whether based on warranty, contract, tort, negligence
or any other legal theory, and whether or not we know of the possibility of such damage.

9.2 If a jurisdiction does not allow the exclusion or
limitation of liability in accordance with paragraph 9.1 but allows a limitation of a certain maximum extent, then our liability is limited to that
extent.

10. Cancellation

10.1 Where you are required to register with us, you may
cancel such registration at any time by notifying us in writing at:

Diane Jewellery

Tel: (852) 21119677

Address:

Room 8 , 11/F ,

31 Chong Yip Street ,

LT Tower , Kowloon

10.2 We may cancel your registration if you do not
visit the Platform for an extended period of time, or if we reasonably believe
that you have violated any Applicable Laws, acted inconsistently with the
letter or spirit of these Terms of Use, or have violated our rights or those of
another party.

10.3 The provisions of these Terms entitled “Use of the
Platform is at Your Risk”, “Limitation of Liability”, and “General Provisions” will survive cancellation of your registration or termination of these Term of Use.

11. General Provisions

11.1 You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Diane Jewellery (“Dispute”) shall be governed in all respects by the laws of Hong Kong, without regard to choose of law provisions. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Diane Jewellery products) shall be resolved individually, without resort to any form of class action, and exclusively in the court having jurisdiction over the dispute in Hong Kong in accordance with the laws of Hong Kong. You consent to waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts having jurisdiction over the dispute in Hong Kong. By using the Platform, you agree to receive certain electronic communications from Diane Jewellery. You agree that any notice, agreement, disclosure or other communication that Diane Jewellery sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Diane Jewellery’ failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Diane Jewellery may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

11.2 If any provision in these Terms of Use is held invalid,
the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, thenthat provision is deemed severable from these Terms of Use and the remaining
provisions are still valid and enforceable.

11.3 Diane Jewellery reserves the right in its sole discretion to terminate your account, delete your profile, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Diane Jewellery also reserves the right to block users from certain IP addresses or Device numbers to access the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

11.4 The English version of these Terms & Conditions shall prevail over any Chinese version, which is provided for information purposes only. 

Contact Us

For more information about our Terms of Use, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@dianejewellery.com