▪TEARS OF JOY. LIMITED IS GOVERNED BY,
and shall be construed in ACCORDANCE WITH, THE LAWS and statutory regulations of the hong KONG SPECIAL ADMINISTRATIVE REGION.
Terms & Conditions
Terms of sale
• GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, and construed in accordance with, the laws and statutory regulations of the Hong Kong Special Administrative Region. Any dispute, controversy, or claim arising out of or
relating to this contract shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
Payment
• Prior to any transaction—whether a retail purchase, business-to-business (B2B)
procurement, or as °reserved, or fully paid order —the relevant purchase agreement must be thoroughly read, acknowledged, and duly executed by the customer. This requirement is mandatory for a purchase with Tears of Joy. Limited.
• By placing an order, the Buyer agrees to be bound by these terms as well as the Privacy policy.
• °Prior to reserved order transaction—the relevant reserved order transaction-contract as well as the following purchase agreement, must be thoroughly read, acknowledged, and duly executed by the customer. This requirement is mandatory for a purchase with Tears of Joy. Limited.
•°Payment must be made exclusively via valid credit or debit card. We have enforced Strict Credit Card 3D Secure (3DS).
1.The 3DS authentication includes domestic as well as for all out-of-country transactions to legally shift the fraud liability back to the issuing bank.
• AML. Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615). An Ordinance to provide for the imposition of requirements relating to customer due diligence and record-keeping on specified financial institutions and designated non-financial businesses and professions; to provide for the powers of the relevant authorities and regulatory bodies to supervise compliance with those requirements and other requirements under this Ordinance; to provide for the regulation of the operation of a money service and the licensing of money service operators; to provide for the regulation of the operation of a trust or company service and the licensing of trust or company service providers; to provide for the regulation of activities involving virtual assets and the licensing of virtual asset service providers and their representatives; to provide for the regulation of dealings in precious metals and stones and the registration of dealers in precious metals and stones; to establish a review tribunal to review certain decisions made by the relevant authorities under this Ordinance; and to provide for incidental and related matters.
Price and exchange-rates
°Due to fluctuating exchange-rates, website prices are subject to change without notice. And °Deposit protection, remitting a down-payment secures the rate.
Website prices are subject to alteration without prior notice owing to prevailing foreign exchange fluctuations. Nevertheless, receipt of a formal down-payment immunises the designated item against subsequent currency variance. Before a Purchase is Done No Contract is Formed (If consumer has placed an order, reserved an item, paid a deposit or paid in full transaction). Under Hong Kong law, Section 8 (a, b & i ) of the Control of Exemption Clauses Ordinance (Cap.71), is the primary provision regulating a seller’s ability to limit liability for price changes.
°Tears of Joy. Ltd follows a strict “no refund” policy on new purchases of diamonds or high-end jewellery, provided the item is of merchantable quality and matches its description.
Freedom of Contract under common law. A “no refund” policy is legally binding from the moment the transaction is completed, provided it does not attempt to illegally override the customer’s statutory rights regarding defective goods.
1. No Statutory “Change of Mind” Cooling-Off Period.
There is no general Ordinance or statutory clause in Hong Kong law that provides a statutory “change of mind” cooling-off period for retail store transactions.
Therefore, from a commercial law perspective, this entails the following: A binding contract is definitive: The moment the customer executes payment for the goods, a legally binding contract is established. Consequently, the purchaser possesses no legal entitlement to return to the merchant and demand a refund based solely on a change of mind, a preference for an alternative specification, or having discovered the item at a lower price elsewhere. The merchant’s policy governs the transaction: In the absence of statutory provisions mandating a cooling-off period, the determination of return and exchange policies rests entirely within the discretion of the merchant. Accordingly, where a “No Refund” policy is incorporated into the standard terms of business, such a provision is legally enforceable.
2. The Sale of Goods Ordinance (Cap. 26)
• This legislation dictates that a customer is only legally entitled to a refund, repair, or replacement if the item is defective, unfit for its intended purpose, or does not match the description provided by the merchant.
• The Control of Exemption Clauses Ordinance (Cap. 71):
While a company can refuse refunds for changes of mind, they cannot use a “no refund” policy to escape liability if they have sold a faulty item or misrepresented the specifications of the jewellery (such as the carat weight, gemstone authenticity, or metal purity).
Section 15 (Sale by description)
Section 16(2) (Merchantable quality)
Section 2(5) (Definition of Merchantable Quality)
3. Control of Exemption Clauses Ordinance (Cap. 71)
• Section 11 (Modification of undertakings as to quality/description)
• Application
Shipment
°All shipments comply fully with destination regulations, with import/custom duties (Duties) and Valued Added Tax (VAT) at the buyer’s expense.
Compliance – Actions adhere to local statutory frameworks. Shipments clear standard destination protocols.
Fees- Customs duties apply upon arrival. Import VAT remains the buyer’s responsibility.
1. Freedom of Contract and Cost Allocation to allocate cross-border commercial risks and financial obligations. Import duties and VAT borne by the purchaser is an internationally recognised cost-allocation mechanism (analogous to the International
Chamber of Commerce’s Inco-terms for Delivered At Place / DAP). Because Hong Kong itself is a free port that does not levy a general tariff or VAT on imports, such clauses are standard practice for Hong Kong entities exporting goods to foreign jurisdictions.
2. Sale of Goods Ordinance (Cap. 26)
Under Cap. 26, a seller’s primary duty is to deliver the goods in accordance with the terms of the contract.
• Performance of Delivery: If the contract explicitly allocates the financial and administrative burden of import clearance to the buyer, the seller fulfils their delivery obligation once the goods are handed over to the carrier or arrive at the
destination port of entry.
• Buyer’s Default: If a buyer fails or refuses to pay the requisite import duties or VAT, causing the shipment to be delayed, impounded, or returned by foreign customs authorities, the buyer is in breach of contract. Under Section 39 of Cap. 26, the seller may be entitled to recover any incidental expenses (such as return freight or storage charges) incurred due to the buyer’s refusal to accept delivery.
These terms and conditions govern all purchases of natural luxury diamonds, high-end jewellery, and related items from Tears of Joy Limited, whether concluded via the website, through active participation in conventions, exhibitions, shows, and displays, or by virtue of correspondence via electronic mail.
Tears of Joy.Ltd.
Incorporated under the laws of
Hong Kong SAR of China
under the Companies Ordinance (Cap. 622).