Terms and Conditions
Acceptance of Terms and Conditions This Internet web site ("Web Site") is provided by "Bysell" a company of Bysell Company Pte Ltd, Singapore. Your use of this Web Site is subject to the following terms and conditions ("Terms"). By using of this website or joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Bysell, you agree to receive all communications from Bysell under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice Bysell send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time. Please read these terms and conditions of use carefully before using this site. By using this site, you signify your assent to these Terms. If you do not agree to these Terms, you may not use the site.
Modifications to Terms and Conditions Bysell reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Bysell of your unwillingness to accept the changes to the Terms and Conditions by emailing email@example.com; and (b) by discontinuing your use of the Service and the Site.
The Bysell Service The Service allows user and registered members to access the Site and purchase products from Bysell in accordance with these Terms and Conditions. Both user and members also agree to comply with any terms, conditions, or policies that Bysell may provide to users from time to time on the site. Delivery time for products you have selected to purchase may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Bysell makes no guarantees as to actual delivery time. Bysell will send you an email letting you know when your product is shipped. The risk of loss for items shipped passes to you upon our delivery to the carrier. If you are unable to locate a confirmed delivery, you are required to contact Bysell immediately to place a tracer investigation. All tracers take 10-14 business days to complete and until the results of the investigation are received, Bysell are not able to proceed with the resolution of a lost item.
Use of Materials on this Web Site Bysell maintains this Web Site for your personal information and non-commercial use. Bysell grants you a limited license to access the Site solely for that purpose. You may download one computer copy or print one copy of the material on this Web Site for your personal and non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("Bysell's Material") is copyrighted and protected under treaty provisions and world-wide copyright laws, unless otherwise noted. You may not sell, perform, reproduce, distribute, transmit, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any Bysell 's Material in any way for any public or commercial purpose. Furthermore, you may not use or display Bysell 's Material on any other web site or in a networked computer environment for any purpose. If you violate any of these Terms, your permission to use Bysell 's Material will automatically terminate and you must immediately destroy any copies you have made of Bysell's Material. Any unauthorised use of Bysell Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the Bysell Web Site from a third party site without our prior written permission. Without our express written consent, you may not: (a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts). (b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
Becoming a Member and Obtaining an Account Upon purchase, for the first time buyer, you must register through the Site to obtain an account. By registering as a member through the Site you give us permission to obtain credit information from consumer credit-reporting agencies. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bysell have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bysell may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, Bysell may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
Your Submissions Any communication or material you transmit to the Web Site by electronic mail or otherwise, excluding personally identifiable data about yourself, but including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Bysell. By posting communications to the Web Site, you automatically grant Bysell a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post may be used by the Bysell for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Collection of Personal Information We need to collect certain personal details when you register with us and use the website in order to facilitate the provision of our service and to maintain our quality standards. These details may include your name, phone number, email address, home address, shipping address and other similar information. You can amend or update personal or contact information you have entered into the website at any time by logging on to your online account. In addition to the above information, we will also keep a record of your user details and log details of any visits to, and transactions you carry out through, the Website. If you contact us, we may keep a record of any correspondence. We may gather statistical information about sales which may be passed to third parties but this information is entirely anonymous and cannot be used to identify you personally. We do not collect or hold credit or debit card details; these are collected and processed securely by our third party payment processing agent in compliance with PCI data security standards. We have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorized alteration or destruction. However, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data whilst it is being transmitted to or from our website; any transmission is at your own risk. Personal data will be held by Bysell using appropriate safeguards to maintain its privacy and security.
Trademark Notice The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of Bysell. Nothing contained on the Web Site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of Bysell or such third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
Copyright Notice We reserve the rights to make any changes to the contents in this site any time without notice. All copyrights belong to Bysell, please do not make unauthorised copies of the contents without seeking permission from us or we will not hesitate to take legal actions.
Pictures All pictures are the actual piece of jewellery & taken by our in-house photographer. We do not make copies from catalogues or other suppliers. We reserve the rights to make changes anytime and not all the pictures represent the exact item as we have repeat stocks that share the similar specifications. There may be some typing error once in a while & we hope that you can share the information with us. Thank you.
Billing When you join as a member you will be required to provide Bysell with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Bysell or its agent to bill your credit card for the applicable per-item, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them. If Bysell does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, Bysell may require you to provide a second valid credit card before continuing to use the Services and you authorize Bysell to charge outstanding fees and other amounts due us against any credit card you have on file with us. Bysell reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Bysell reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. Bysell may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Bysell or the member can terminate at any time at their discretion. Bysell may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
Returns & Exchange For incorrect or defective items shipped, Bysell have a 7-day return policy upon receipt of the order by the customer, subject to the following terms & conditions: Jewellery must be in its original shipped condition, including the original product packaging, original invoice, accessories, documentation, certificates, warranty cards, manuals and any free gifts(if applicable). All packaging must be unmarked and not defaced in any manner. For certain designs, a security tag stating the item name and details is securely sealed to each piece of jewellery purchased from our online store. Please do not remove the security tag from the jewellery if you wish to make a return or exchange. Goods damaged due to customer’s negligence will not be accepted for a return or exchange. Worn jewellery as evidenced by micro-scratches, scratches, dirt or additional workmanship (such as engravings) from other jewellery will not be accepted. When a returned item is received, it will be examined for wear and tear damage. This return policy does not apply to items that are purchased during a sale, our Clearance page or which have been stated as Non-exchangeable and Non-refundable on Bysell.com.sg. Jewellery that are Bespoke design and Made To order are strictly non-exchangeable and non-refundable. For all returns & exchange requests, please email us at firstname.lastname@example.org within 7 days of receiving your order and include your contact details, order ID as well as the reason for returning. Bysell will reply with a return merchandize authorization (“RMA”) number and a return address. Customers are responsible for arranging the secure shipment with tracking (e.g. G4SI insured FedEx carrier) of the item back to our returns center, and bearing the cost of return shipping within 3 days of receiving the RMA number. RMA number must be included with return of the item, SGD$100 administrative fee and a 5% re-stocking fee of the total amount will be assessed. This will be deducted from the purchased amount when the refund is processed. Bysell will email or contact customer within 3 business days upon receipt of the returned item to follow up on the next course of action. All returns will first be reviewed by BYSELL for wear & tear damage. Once inspected and no damage is noted, Bysell reserve the right to perform remedies including: Replacing the jewelry with a new piece of the same design, material and size. Full refund in BYSELL credits. Refund in cash or credit back to PayPal account, refund amount will less all restocking, shipping and administrative fees. Customers are responsible for return shipping and insurance. Original expedited shipping fee is non-refundable. There will be no exceptions for returns outside this policy and Bysell is not responsible for those items. Any item stated SALE is not eligible for any return or refund. For any refunds/credits of returned items, please allow 2-3 business days after the item has arrived at our Showroom, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued. For credit back to your PayPal account, please allow up to 2 weeks for your account to be credited.
Actual Damages, Liquidated Damages, Attorneys' Fees and Costs Actual Damages- In the case of a failure to pay any debts when due to Bysell (hereinafter, a "default"), you will be liable to Bysell for its ACTUAL DAMAGES. Liquidated Damages- Bysell spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Bysell is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Bysell commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid at the time that Bysell commences collection or legal action, which sum is intended to compensate for the expenditure of Bysell 's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. Attorneys' Fees, Costs and Interest- If Bysell commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Bysell will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum. Reservation of Rights- Bysell expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
Indemnity You agree to indemnify and hold Bysell, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
Intellectual Property Bysell is a trademark of Bysell Company Pte Ltd, Singapore. All Bysell graphics, logos, page headers, button icons, scripts and service names are trademarks of Bysell. Any trademarks not owned by Bysell that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bysell. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Bysell, its licensors, or its product suppliers, and is protected by international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Termination You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Links and Advertising We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Bysell IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
Taxes All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
General Provisions Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of Bysell. Bysell makes no representation that Bysell's Material is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Bysell 's Material may not be legal by certain persons or in certain countries. Any cause of action you may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Singapore without regard to its conflicts of law provisions. The waiver by Bysell of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach. This website has been produced by Bysell Company Pte Ltd, Singapore.