These Terms and Conditions govern the use of www.hilary-schwartz.com ("the website") and the purchase of any goods from it. The website is owned and operated by Hilary Schwartz. Should you have any questions, please contact Hilary Schwartz on +852 6626 9094.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Hilary Schwartz reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
We accept Visa, Mastercard, American Express and PayPal.
All prices quoted in the web site are in US dollars. You may use the currency changer to find prices in other currencies. Prices quoted are correct at time of printing but are subject to change without notice. All items of antique jewellery offered subject to prior sale.
Limitation of Liability
Any liability of Hilary Schwartz in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Hilary Schwartz be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the website is provided by Hilary Schwartz in good faith. To the best of Hilary Schwartz's knowledge, the information is accurate and current. However, Hilary Schwartz and its related bodies corporate, any of their directors, officers, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Hilary Schwartz disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hilary Schwartz makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Hilary Schwartz does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Hilary Schwartz is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Hilary Schwartz will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. We believe that we have aligned ourselves with excellent delivery partners, but there may be times when, despite their best efforts, parcels are delayed in the delivery process. We will always endeavour to work with our delivery partners to ensure prompt arrival of your gifts.
Prices of goods and services and delivery and other charges displayed on the hilary-schwartz.com website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Availability of Product
All orders are subject to availability. We will do our very best to supply you with your ordered item. Please note, on occasion items may not be available. In this instance, we will be in touch and offer you a replacement, provide you with a timeframe as to the availability of the item, or provide you with a refund for the unavailable item.
Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and hilary-schwartz.com is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, hilary-schwartz.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights
Cancellation by You
If you need to cancel an order, please contact us immediately at firstname.lastname@example.org. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges (below).
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver gifts by the estimated delivery date.
It is the responsibility of the customer to inform Hilary Schwartz if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion. As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up until 6pm. Unfortunately, we are unable give a guaranteed time of delivery. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Hilary Schwartz which relate to or are incidental to any transaction. You agree to indemnify and hold Hilary Schwartz harmless from and against any and all claims, loss or expense that may be incurred by Hilary Schwartz which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Hilary Schwartz harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
Information Provided by You
If you purchase goods and services from Hilary Schwartz or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Hilary Schwartz with current, complete and accurate customer information when asked to do so by the website or an employee of Hilary Schwartz.
All care is taken to ensure that hilaryschwartz.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.