Terms and Conditions
Nova Jardin ("we" or "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.novajardin.net. We recommend that you should keep a copy of the TOS for future reference.
Nova Jardin is a trading name of Magnificent International Gem Technology Co., Ltd, a company incorporated in Hong Kong SAR, China, company number 73204845. Our registered address is Room 10, 13A/F South Tower, World Finance Center, Harbour City, 17 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong SAR.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Nova Jardin' Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Eligibility to purchase
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Nova Jardin terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Nova Jardin, whose applications are acceptable to Nova Jardin and who have authorized Nova Jardin to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Nova Jardin reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Nova Jardin feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
Orders
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Nova Jardin offers products for sale that are in stock and available for dispatch from our distribution centre or supplier.
Pricing Policy
Prices shown on the Site are in US Dollars (USD $). All prices and offers remain valid as advertised from time to time. Prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the current price when your order is accepted.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Regardless of your shopping destination and the currency you shop in, your purchase may be processed by our regional affiliate companies, in which case your bank may charge you an international transaction fee. Magnificent Gems is not responsible for any such fee or charge.
Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Nova Jardin will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Hong Kong SAR and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Nova Jardin.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing or description of products. If we discover an error in the pricing or description of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price or description, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced or misdescribed for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as possible. If products are recalled in transit, we will process your refund once the products have been returned to us.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Nova Jardin Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Nova Jardin and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Nova Jardin tries to ensure that the information on this site is accurate and complete. Nova Jardin does not promise that Nova Jardin’s Content is accurate or error-free. Nova Jardin does not promise that the functional aspects of the Site or Nova Jardin’s Content will be error-free or that this Site, Nova Jardin Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all Internet users ensure they have installed up-to-date virus checking software.
Nova Jardin reserves the right at its sole discretion not to publish or to remove any comment, including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Nova Jardin and we accept no responsibility for any such views expressed in any media.
No commercial use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Third-party
We may include hyperlinks on this Site to other websites or resources operated by parties other than Nova Jardin, including advertisers. Nova Jardin has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.