TERMS & CONDITIONS

OWNERSHIP OF SITE & AGREEMENT TO TERMS AND CONDITIONS OF USE

These terms and conditions of use (“Terms of Use”) apply to the Fresh Recollection website at freshrecollection.com, its affiliated businesses and Fresh Recollection websites across the world (collectively the “Site”) as well as our jewellery retail services (the “Services”) provided by Fresh Recollection. The Site is the property of Fresh Recollection and the Site is operated by Fresh Recollection. Fresh Recollection controls the Site from its offices in Hong Kong. The Site can be accessed from other countries around the world. By accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of Hong Kong. You also agree and hereby submit to the exclusive jurisdiction of Hong Kong and acknowledge that you do so voluntarily and are responsible for complying with the laws.

 

BY USING/ACCESSING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND YOU ASSENT TO THE PRIVACY POLICY. AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, FRESH RECOLLECTION GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE SITE AND SERVICES. PLEASE READ THESE TERMS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

PURCHASES

Fresh Recollection offers information on our products and the ability to place your order for such products. Order acceptance and the completion of a contract between you and Fresh Recollection (“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below. For orders placed at our retail store, a contract of sale occurs at the point of full or part payment. You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable custom duties, taxes and fees.

 

In order to access the Services, you must provide personal information about yourself, such as name identification, email address and recipient mailing address details. You warrant that any information you give to Fresh Recollection in the course of placing orders will always be accurate, correct and up to date.

All orders are generally packed & dispatched within 3 to 5 working weeks. Our acceptance of your order will take place when a confirmation email together with an assigned order number is sent to your registered email address with us, generally within 2 working days of your payment. Our craftsman starts production immediately once the order is confirmed. If you request for a Rush Order, please contact us separately.

 

We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion.  Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms and Conditions. If we are unable to process your order, we will inform you of this. This might arise because the product is out of stock; because of unexpected limits on our resources for which we could not reasonably plan; because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product; or because we are unable to meet a delivery deadline you have specified. The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site. All payments will be processed in Hong Kong Dollar (HKD). We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment within forty eight hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically.

DELIVERY SERVICES

You acknowledge that the Services offered by Fresh Recollection integrate delivery (the ‘ Delivery Services‘) through the use of third party delivery companies (the ‘ Delivery Service Providers‘). In providing the Services, Fresh Recollection may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Fresh Recollection is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. In the event that an item is lost or damaged in the course of the Delivery Services, Fresh Recollection asks that you:

a. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

b. contact us by sending an email to info@freshrecollection.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

CHANGES TO WEBSITE, SOFTWARE & SERVICES

Fresh Recollection reserves the right to do any of the following, at any time, without notice or liability: 

a. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (temporarily or permanently) for any reason;

b. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;

c. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

d. change, remove, or discontinue any jewellery or other product design (“Design”), product, service, or promotion (including pricing) as advertised on the Site at any time without notice and you confirm that Fresh Recollection shall not be liable for any such change or removal.

e. change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Fresh Recollection shall not be liable for any such change or removal.

 

Please note that your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Fresh Recollection shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Fresh Recollection reserves the right, at its sole discretion, to change, modify, revise, add or delete portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of, access to or browsing of the Site following the posting of changes to the Terms of Use means that you accept and agree to the changes regardless of whether or not you actually reviewed them. Changes will not apply to orders that have already been processed unless required by law.

INTELLECTUAL PROPERTY RIGHTS & CONTENT OF THE SITE

The content on the Site, other than User Submissions (as defined below), including the text, trademarks, slogans, graphics, and photos created by and for Fresh Recollection and interactive features, as well as the “look and feel” of the Fresh Recollection Site (collectively "Content"), the related copyrights, trademarks, logos and other intellectual property rights contained therein ("Marks"), and all intellectual property rights, including copyright and design rights, in the product Designs, are owned by or licensed to Fresh Recollection subject to copyright and other intellectual property rights.

Content on the Site is provided to you on an “AS IS“ basis for your information and personal use only without any representations or warranties being made by Fresh Recollection regarding the Content.

You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) other than expressly permitted herein. Fresh Recollection reserves all rights not expressly granted in and to the Site and the Content contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content therein. You are prohibited from accessing the Site or using the Services for the purpose of creating any competing product or service.

You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services that you provide via email or other means (“Feedback“) are non-confidential and shall become the sole property of Fresh Recollection.

You hereby assign to Fresh Recollection the exclusive rights, including all intellectual property rights, in all Feedback and Fresh Recollection shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

YOUR USE OF THE SITE

You agree not to implement or use automated systems including “robots”, “spiders”, or similar programs or devices that access the Site in any way to send more request messages to the Site servers in a given period of time than a human using a conventional web browser can in that same period of time. Nonetheless, Fresh Recollection grants permission to the operators of public search engines to use spiders to copy material from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fresh Recollection reserves the right to revoke these exceptions either generally or in specific cases.

 

You agree not to use, distribute or collect anyone else’s personally identifiable information including email addresses, account names, or other User Submissions (as defined below) from the Site. In addition, you agree not to use communication systems available on the Site for any commercial solicitation purposes.

 

You also agree that you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

USER SUBMISSIONS

The Site contains material including ideas, suggestions, opinions, observations, text, data, photographs, audio, sound, chat, messages, comments and files posted by other users or submitted to us by users (collectively “User Submissions”). Due to the interactive nature of User Submissions, Fresh Recollection does not assume responsibility for them. User Submissions are not endorsed by Fresh Recollection and we make no guarantee or representation with respect to the accuracy, reliability or quality of the User Submissions on the Site. You agree to bear all risks related to your use of User Submissions, including any reliance on the accuracy, completeness and usefulness of such User Submissions. All User Submissions on the Site are the sole responsibility of the person who originally posted it, thus your sole recourse for any damage you may suffer as a result of User Submissions shall be to the person who originally posted the User Submission. Fresh Recollection expressly disclaims any and all liability in connection with User Submissions. You represent and warrant that the posting and use of your User Submissions, including to the extent such User Submissions include any name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

 

You alone are responsible for your own User Submissions and the consequences of posting or publishing them on the Site. You retain all of your ownership rights in your User Submissions. By uploading any User Submissions, you hereby grant Fresh Recollection and other third parties the non-exclusive, perpertual and sub-licenseable right to use and re-share such User Submissions, including photos or videos shared on any social platform which may be associated with Fresh Recollection’s brand hashtags, including, without limitation to, #freshrecollection, #freshrecollectionjewellery, #caillourings, #fiorerings, #luxerings (collectively, the “Fresh Recollection Hashtags”), or tagged with the @FreshRecollection account. You acknowledge and agree that the User Submissions may be used in any physical or digital Fresh Recollection owned space, including, without limitation to, retail locations, emails, social platforms, digital or physical advertisements and Fresh Recollection.com. You also hereby grant Fresh Recollection permission to use and authorize others to use your name or social media handle in association with the User Submissions for identification, publicity related to the Site or Services and similar promotional purposes.

If you choose to post User Submissions on the Site you agree to adhere to generally accepted rules of etiquette and standards of behavior, and you agree that your use of the Site will respect the legal rights of users of/connected with the Site. You understand that the Site does not guarantee any confidentiality with respect to User Submissions.

Fresh Recollection expressly disclaims any and all liability in connection with User Submissions. Fresh Recollection reserves the right to terminate a user’s access to the Site, and remove Content and User Submissions in its sole discretion and without prior notice.

RULES OF CONDUCT

The following rules of conduct apply to your use of the Site and to any and all materials you post on the Site, including User Submissions wherever they may be on the Site.

You may not, in connection with the Site:

  1. Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;

  2. Infringe or violate any patent, copyright, trademark or other intellectual property right;

  3. Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  4. Harass, abuse, threaten, cause harm, be vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;

  5. Post material/User Submissions that may constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;

  6. Violate or encourage others to violate any applicable law, statute, ordinance or regulation;

  7. Promote software or services that deliver unsolicited e-mail; or contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or

  8. Use the Site of Services to spam any third-party.

 

You may not, except with Fresh Recollection’s express advance authorization or in a specially designated area, use the Site to:

  1. Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or

  2. Engage in commercial activities within the Site with third parties;

  3. Harm minors in any way;

  4. Solicit personal information from anyone under 18;

  5. Provide false or deceptive information;

  6. Use the Site’s content to engage in commercial activities;

  7. Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or

  8. Allow usage by others in such a way as to violate these Terms of Use.

DESIGN SUBMISSIONS

If you are submitting a Design to Fresh Recollection/the Site, you agree to additional terms and conditions as noted in the Design Submissions Terms and Conditions posted on the Site.

COPYRIGHT INFRINGEMENT

In your use of and interactions with the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Fresh Recollection reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, send us a written communication that includes substantially the following (please consult your legal counsel or the Copyright Act to confirm the below requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  7. Such written notice should be sent to our designated agent as follows: info@freshrecollection.com

 

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

TERMINATION

Fresh Recollection may without prior notice, immediately terminate your Fresh Recollection account and access to the Site and any other Fresh Recollection services. Cause for such termination shall include:

  1. breaches or violations of the Terms of Use or other incorporated agreements or guidelines;

  2. requests by law enforcement or other government agencies;

  3. a request by you (self-initiated account deletions);

  4. discontinuance or material modification to the Site (or any part thereof);

  5. unexpected technical or security issues or problems;

  6. extended periods of inactivity;

  7. engagement by you in fraudulent or illegal activities; and/or

  8. nonpayment of any fees owed by you in connection with the Site or any Fresh Recollection product.

 

Termination of your Fresh Recollection account may include all or some of the following:

  1. removal of your access to all pages within the Site;

  2. deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and

  3. barring of further use of the Site.

 

Further, you agree that all terminations for cause shall be made in Fresh Recollection’s sole discretion and that Fresh Recollection shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH RECOLLECTION, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF FRESHRECOLLECTION.COM, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND YOUR USE THEREOF. FRESH RECOLLECTION MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. FRESH RECOLLECTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND FRESH RECOLLTION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESH RECOLLECTION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FRESH RECOLLECTION, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FRESH RECOLLECTION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Site is controlled and offered by Fresh Recollection from its facilities in Hong Kong. Fresh Recollection makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Fresh Recollection, its subsidiaries, affiliates, directors, officers, shareholders, employees, licensors, agents or operators of Fresh Recollection, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

ABILITY TO ACCEPT TERMS OF USE

In consideration for your use of the Site, you represent that you are at least eighteen years of age or possess legal parental or guardian consent and are not a person barred from receiving services under the laws of Hong Kong.

The Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sub-licensed by you. However, these Terms of Use, and any rights and licenses granted hereunder, may be assigned, transferred, delegated, and sub-licensed by Fresh Recollection.

GENERAL

No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Fresh Recollection’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, to the fullest extent permitted by the laws, such cause of action is permanently barred.

VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to info@freshrecollection.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report Fresh Recollection, in its sole discretion, may investigate the matter and take such action as Fresh Recollection deems appropriate.

SEVERABILITY AND SURVIVAL OF THE TERMS

If any of the provisions of these Terms of Use are held by a court or other authority of competent jurisdiction to be void, voidable, unlawful or unenforceable, such provisions shall be limited or severed from these terms (whichever course of action is determined to be the most appropriate) and replaced with a valid provision that best embodies the intent of these Terms of Use. The remaining provisions of these Terms of Use shall remain in full force and effect, such that the severing of any provision or portion of a provision contained in these Terms of Use shall not affect the validity and enforceability of any remaining provisions.

Any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

LANGUAGE

It is the express wish of the parties that this agreement and all related documents be drawn up in English.

ACCESSIBILITY

Fresh Recollection is committed to making our Site and Content accessible and user friendly to everyone.

If you are having difficulty viewing or navigating the Content on this Site, or have a suggestion on how to make the Site more accessible to people with disabilities, please contact us at info@freshrecollection.com

UPDATES TO THE TERMS OF USE

Terms of Use updated: February 20, 2020.

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INQUIRIES & ORDERS

Couldn't find what you want? Have a new idea to the designs we have? Feel free to drop us a message and let us realize the design of your dreams for you! 

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