Terms and Conditions of Use

Introduction. This page provides information about who we are and the legal terms and conditions (“Terms”) on which you may access and make use of our website, www.graff.com (the “Site”).

These Terms tell you who we are, the terms and conditions on which we make the Site available to you, the ways in which you may (and may not) use our Site, and important disclaimers and limitations on our liability which apply when you visit our Site.

Application of these Terms. Please read these Terms carefully before you start to use our Site. These Terms may be modified by us from time to time without notice to you and you are responsible for regularly checking the Terms. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, you are not authorised to use our Site.

We recommend that you print a copy of these Terms for future reference.

Other terms which may apply. These Terms refer to the following additional terms, which also apply to your use of our Site:

(a)      Our Privacy Policy. This sets out how we may use your information when you visit our Site.

(b)      Our Cookie Policy, which sets out information about the cookies on our Site.

These Terms do not apply to any products or services we offer for sale. Those products and service offerings are subject to separate terms and conditions that accompany the applicable product or service offerings.

Purchasing products from our Site. If you purchase products from our Site, our Terms and Conditions of Sale will apply to the sale.

1.           Information about us and how to contact us

Who we are. We are Graff Diamonds (Hong Kong) Limited, a company incorporated inHong Kong , with registered office at Rooms 1107-1108, 11/F, St. George's Building, 2 Ice House Street, Central, Hong Kong. Our company registration number is 37257638.. To find out more about the House of Graff and our history, please see here.

Contacting us. You can contact us by contacting our Customer Services Team.

2.            Accessing Our Site

Availability of the Site. Access to our Site is permitted on a temporary basis, and we do not guarantee that our Site, or any content on it, will always be available or uninterrupted.

We reserve the right to suspend or withdraw the availability of all or any part of our Site without notice, for business or operational reasons at any time. We will try, but do not guarantee, to give reasonable notice on our Site of any planned suspension or withdrawal.

Acceptable Use. When using our Site, you must comply with the provisions of these Terms. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them. We may restrict or suspend your access to some or all of Our Site where you have, or suspected to have, breached these Terms and/or take such action as we deem appropriate (including as described in paragraph 8 of these Terms).

You are responsible for making all arrangements necessary for you to have access to our Site.

3.           USERS OUTSIDE HONG KONG

These Terms relate to our Hong Kong website, www.graff.com, which is directed to people residing in Hong Kong. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

If you are not resident in Hong Kong, please consult our global directory here or contact our Customer Services Team here, and they will be able to direct you to the relevant microsite.

4.           CHANGES TO OUR SITE

We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site.

5.           YOUR RELIANCE ON OUR CONTENT

We are not responsible if information made available on this Site is not accurate, complete or current. Commentary and other materials posted on our Site are provided for general information only and are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

6.           ACCOUNT DETAILS

Keeping your details safe. If you choose to set up an account on our Site, you must ensure that any log-in details, such as your username and password, are kept confidential and not disclosed to any third party.

We reserve the right to disable any user ID and password at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms of use and any other terms and conditions referred to in them.

If you know or suspect that anyone other than you know your user identification details for your account, please promptly notify us at info.hq@graff.com.

7.           VIRUSES, HACKING AND ACCEPTABLE USE

Security of our Site. We do not guarantee that our Site will be secure or free from bugs or viruses, and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on our Site or your downloading of any content or other materials from our Site. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Misuse of our Site. You must not misuse our Site by knowingly introducing viruses, trojans, worms, keystroke loggers, spyware, adware, logic bombs or other content or computer code which is malicious or technologically harmful including where designed to adversely affect the operation of any computer software or hardware.

Prohibited activities. You shall not: (i) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on our Site or for any services or features offered on or through our Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through our Site including, without limitation, any information residing on any server or database connected to our Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through our Site through any means; (iii) use our Site in any manner with the intent to interrupt, damage, disable, overburden, or impair our Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use our Site or our Site’s features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use our Site in violation of any applicable law.

You may not use our Site:

• (a)                 in any way that breaches any applicable local, national or international law or regulation.
• (b)                 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• (c)                  For the purpose of harming or attempting to harm minors in any way.
• (d)                 To send, knowingly receive, upload, download, use or re-use any material which does not comply with any content standards that we may share with you or publish on our Site from time to time.
• (e)                 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Unlawful and prohibited access. You must not access without authority, interfere with, damage or disrupt our Site or any part of it, the server on which our Site is stored or any server, computer or database connected to our Site, any equipment on which our Site is stored, and software used in the provision of our Site, or any equipment or network or software owned or used by any third party in connection with our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

No reverse engineering. You may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Site and/or its content, or make unauthorised use thereof. You agree that you will not use our Site in any manner that could damage, disable, overburden, or impair our Site or interfere with any other party's use and enjoyment of our Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through our Site.

You may use our Site only for lawful purposes.

8.           SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site.

Termination of Rights. When a breach of these Terms has occurred, your right to use our Site will cease immediately on a temporary or permanent basis (at our discretion), and we may take such action as we deem appropriate.

Further action. Failure to comply with any of the prohibitions in paragraph 7 constitutes a material breach of these Terms, upon which you are not permitted to use our Site, and may result in our taking all or any of the following actions in addition to withdrawing your right to use our Site:

• a.              Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
• b.              Issue a warning to you.
• c.               Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• d.              Further legal action against you.
• e.              Disclosure of such information to law enforcement authorities as we reasonably consider is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

9.           LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with any content standards that we may share with you or publish on our Site from time to time.

If you wish to make any use of material on our Site other than that set out above, please address your request to info.hq@graff.com.

10.         LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11.         INTELLECTUAL PROPERTY RIGHTS

Our Rights. We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on our Site, as well as the look and feel and the design of our Site and the organisation of the content on our Site. Trademarks, logos and service marks displayed on the Site, are registered and/or unregistered trademarks of the House of Graff, its licensors or content providers, or third parties.

Your Rights. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any intellectual property displayed on the Site without the owner’s prior written permission, except as otherwise described herein.

No commercial gain. You must not use any part of the content and/or materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. This does not prevent you from drawing the attention of others within your organisation to material posted on our Site (subject at all times to these Terms).

Permitted Uses. Subject to these Terms, you may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

No Modifications. You must not modify the paper or digital copies of any content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Breach of these provisions. If you print off, copy or download, or modify any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12.         OUR LIABILITY

Liabilities not excluded. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.

Liabilities in connection with product purchases. Different limitations and exclusions of liability will apply to liability arising as a result of your purchase of products from us, whether in one of our boutiques or over the internet via our Site. Please see the terms of your sales contract for further details.

Liability for business use. We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Liabilities for unforeseen losses. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with any user’s use of our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.

13.         INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We will only use your personal information as set out in our Privacy Policy.

14.         INDEMNIFICATION

You agree to defend, indemnify and hold us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from (i) your use of our Site; (ii) your placement or transmission of any content or other materials through our Site, or (iii) your breach or violation of the law or of these Terms.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

15.         OTHER IMPORTANT TERMS

Changes to these Terms. We may revise these Terms at any time without notice to you by amending these Terms. Such changes are effective when they are posted on our Site and your continued use of our Site after any such changes are posted will be considered acceptance by you of such changes.

Please check these Terms from time to time and each time you wish to use our Site, and take notice of any changes we make or have made, as they are effective and binding on you from the time of posting. 

Assignment. We may assign or transfer our rights and obligations under these Terms to a third party at our discretion. We will endeavour to notify you if this happens.

Third Party Rights. These Terms are between you and us. No third party shall be entitled to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or any applicable local legislation.

Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect.

Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Jurisdiction and applicable law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong Special Administrative Region (HKSAR).

The HKSAR courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

Prevailing language. In the event of any discrepancy between the Chinese version and the English version of these Terms, the English version shall prevail.

16.          CONTACT US

If you have any concerns about material which appears on our Site, please contact info.asiahq@graff.com. Alternatively, you can contact our Customer Services Team here.

Thank you for visiting our Site.

2020