Terms and Conditions

TERMS AND CONDITIONS

TERMS

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OVERVIEW

This website is operated by Merry JAM Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Merry JAM Ltd. Merry JAM Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WooCommence. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to amend the specifications of any product featured on this site.

Furniture prices and or specifications are subject to change without notice. Due to the nature of the internet, this advertising media may contain errors, and may not contain up-to-date information, specifications, products, or prices. Accordingly, all such information is non-binding and no liability is accepted arising from any errors therein.

Due to the character of natural products, all dimensions are approximate.

we cannot guarantee that the finish of the ordered wood, leather, or stone will be exactly as pictured. Imperfections or variations in the grain, color, or sheen of the wood may occur naturally.

We do not warrant products due to variations in wood color, grain and texture. Finishes are not guaranteed to be a perfect match due to various hand applications of materials and selection. There will be variation in color, texture and shading. Upholstery Fabrics: Manufacturers of upholstery fabrics do not guarantee their material for colorfastness, fading, wearing quality, durability or adverse reaction to environmental conditions or dye lot variations.

Stone finishes such as marble and granite may differ in color and veining. In addition, variations in the color, sheen and texture (wrinkling and natural marks) of leather may occur due to different dying and tanning processes and natural phenomena.

As a result, these naturally occurring characteristics are not viewed as damages or defects. Please note that images of products displayed on the website may differ in color due to differences in resolution, color settings and brightness of computer monitors.

To ensure durability, safety, and customer’s satisfaction, regular and timely maintenance is required. Users must make periodic inspections to look for damages, looseness, or signs of structural fatigue occurred in daily use and handling of our products. The inspections should include structural joints, corner blocks, welds and other points of stress, fasteners (screws, nuts, bolts, etc.) which can loosen under normal contract use. We highly recommend this regular maintenance to be done at least once a month. If any deficiency is found, the product should be taken out of service immediately.

Some of our products may be made-to-order or may require you to choose a specific size. If we are making the product available to measurements you have given us, you are responsible for ensuring that these measurements are correct and accurate.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please be aware that there is always a risk that the security of your information submitted online may be unlawfully compromised by third-party interception. This risk applies to all transmissions of data over the Internet. Thus, MerryJAM cannot warrant the security of the method in which you decide to transmit information to us. We value your privacy and we will not share any of your personal information with any other third party.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Merry JAM Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Subject to the remaining terms of this contract and any applicable laws, our total liability shall not exceed the total price paid for the purchase of products and/or services under these Terms.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Merry JAM Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – DESIGN COPYRIGHT / TRADEMARK / OWNERSHIP:
All furniture designs represented in the catalog, drafted, sketched, or fabricated, unless otherwise specified by Merry JAM Ltd., are the property of Merry JAM Ltd.

The contents in this Website are protected by copyright laws. Any person is prohibited from modifying, reproducing, transmitting, copying, distributing, using or storing in a retrieval system of any materials contained in this Website or any part thereof without the prior written consent of Merry JAM Ltd.

Any trademarks, logos and service marks and related intellectual property rights appearing in this Website are either owned by Merry JAM Ltd. or other third parties; and shall not be used without the prior written consent of Merry JAM Ltd or such other third parties.

SECTION 20 – RESPONSIBILITY FOR LOSS OR DAMAGE OF TIPPING OVER OF FURNITURE

Merry JAM Ltd. urges customers to securely anchored all furniture to the wall before use for preventing furniture from tip-over.

All our products are not intended to let children climb or hang on drawers, doors or shelves.

Do not put a TV or other heavy objects on top of a chest of drawers or any furniture that is not intended for use with a TV.

We recommend putting heavy objects in the lowest drawers only.

Merry JAM Ltd. Is not responsible and liable to any injuries or accidents in the result of tipping over of our products.

SECTION 21 – RETURN POLICY

We provide a guaranteed return on any standard size furniture for refund or exchange within 10 days. We provide a guaranteed return on any damaged or faulty custom-made furniture (furniture with sizes specified by the customer at the time of purchase) for exchange within 10 days.

Goods Return Procedures

Inform our customer service within 10 calendar days after the date of receiving the item(s) by sending an e-mail to jennifer@merryjam.com.hk to explain with supporting photos showing all the damages discovered. We will normally reply within 3-5 business days.

Return both (i) the original receipt AND (ii) the unused item(s) in its original package to MerryJAM to avoid further mistakes as soon as possible. The customer shall be fully responsible for any return shipping and customs fees incurred.

All return orders are restricted to the following conditions:

Returned custom-made furniture can only be exchanged with items of the same colour, same sizes and same product type in accordance with the original order.

Deviation of colour is not a valid reason for the guaranteed return for custom-made furniture.

if the items are delivered to your door and after a quick inspection, you would like our delivery crew to return your items to our warehouse immediately, a 450HKD return fee will be incurred on every single item.

All delivery and shipment fees are NONREFUNDABLE. The minimum delivery fee is $400HKD

Please note that you have a legal obligation to take reasonable care of the item(s) while they are in your possession, and if you fail to do so we shall reserve the right to make a claim against you for compensation. We, therefore, recommend you wrap your returned item(s) safely and securely to avoid damage in transit back to MerryJAM.

MerryJAM does not carry any warranty or guarantee on any of its products after the 10-day return and exchange period whether the fault of the customer or the manufacturer.

All promotional-priced items are non-returnable, non-refundable and non-exchangeable.

SECTION 22 – DELIVERY

MerryJAM offers a delivery service to bring our product directly to your home or business and it is free for any single purchase of over $3000.

For purchase under $3000, a flat rate delivery fee of $400 will be charged.

For delivery to Outlying Islands, there will be an additional fee of $200 per delivery. Please give cash to the delivery company directly when receiving the product.

For standard size furniture: Standard delivery time would be approximately 7 days.

For Custom made furniture: The standard delivery time would be approximately 35 days.

Time listed above is an indication only, Merry JAM Ltd. does not guarantee that the furniture would be delivered to customer’s address in according to the above time schedule.

Outlying Islands refer to Lantau Island or Discovery Bay, Lamma Island, Cheung and Peng Chau. Each island is designated with a specific date.

There will be an additional delivery charge of $160 for each flight of stairs up for all locations if the lift is not available.

If you would like us to assemble your products, please tell us so when you submit your order request. We are unable to provide ad hoc assembly services at the time of delivery, so please do let us know in advance if you require our help. Our assembly service will not include any wall mounting or renovation works.

Please note that assembly charges in the amount of HK$400 per order or any other amount of which we may inform you of in advance of services rendered will apply.

SECTION 23 – LANGUAGE

These Terms are drafted in English and Chinese. If there is a conflict between the English and the Chinese version of these Terms then, to the extent permitted under applicable law, the English version shall prevail.

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at jennifer@merryjam.com.hk

Merry JAM Ltd.