-Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions shall bear the following meanings:
"EMPERIO" / "WE"/"US" means EMPERIO GOLD AND SILVER COINS (HONG KONG) and its successors in title and assigns.
"YOU" OR "USER" means any customer who orders from us by using this EMPERIO website.
“COLLECTIBLE” means item that minted in limited volume with higher level of craftsmanship and clearer theme.
“BULLION” means item that minted in a large volume. The prices of bullion coins follow the international gold and silver prices, which enables investment through its purchase and sale.
Headings are inserted for reference only and shall not affect the construction and interpretation of these Terms and Conditions.
Defining item that is bullion item or collectible item is by us in our sole discretion and subject to change from time to time without notice.
By using this EMPERIO website you are agreeing to be bound by these policies, which policies are subject to change from time to time by us in our sole discretion without notice. By using our services you are agreeing with these Terms and Conditions.
EMPERIO accepts HKD and USD. Depending upon the order amount, you may pay by some or all of the following payment methods: Credit Card, PayPal, Bank Wire, Hong Kong Bank Cheque or Cash (HKD only). If you choose to pay by bank wire, all bank wire fees are to be covered by the customer.
EMPERIO has the right to refuse any credit card payment in its sole discretion.
EMPERIO does not accept third party payments, all credit cards, cheques, PayPal and Bank Accounts have to match the users details.
If you pay for Orders by bank wire, Hong Kong Bank Cheque or Cash (HKD only), we provide a 2% cash discount off our list price on all products. The prices shown for each product the website are the list prices which already reflect the cash discount. The price is higher if you choose and we approve credit card payment.
Cheques are subject to a holding period of 2 Business Days from the date of clearance.
If an order is placed for an item that is out of stock, EMPERIO will refund to you the full value of the purchased item(s).
If you do not receive an order confirmation number for a website order from EMPERIO, the order did not go through and it is not confirmed.
-Shipping and Insurance
Although most orders are shipped within 5 business days, in extreme circumstances shipment may take up to thirty (30) days from completed payment, depending upon the manner of delivery.
All shipments are insured for HKD2,000 for local delivery. In the case of a lost package, we must be notified within thirty (30) days from the ship date of your order. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our insurance policy provided that you directly receive the package from the common carrier. Neither we, nor our insurance company, accepts (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbour, or a drop-off location such as Mail Boxes Etc., or similar third party drop off locations. In any such case, your package will not be covered for insurance by EMPERIO or our insurance carrier. If you do not receive the package directly from the common carrier, you agree to take all reasonable actions to assist in recovery of the package, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither EMPERIO nor our insurance company or carrier, will have any liability to you.
When we ship to you, if products are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion, and EMPERIO shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with us in any investigation or claim process and to take every reasonable action requested of you in the process. Failure to fully cooperate will jeopardize coverage that may be provided to you.
Any issues or problems with a shipment MUST be reported within 2 business days, else EMPERIO may have to refute any claims.
EMPERIO’s return, refund and exchange policy is limited to Five (5) business days from the date that you received your item. If you find you have received a defective item please contact us on [email protected] and include detailed photos. EMPERIO will then assess whether the product for eligible for a return, refund or exchange.
For approved exchanges, you must follow all instructions provided by us, including packaging the product appropriately. You are responsible for the cost of return shipping and the risk of loss during the return shipment.
-Taxes and Duties
All fees quoted herein and on the EMPERIO website are exclusive of sales tax. There is no Hong Kong sales tax on our products. However, should the User request delivery of physical Precious Metals to a location outside Hong Kong, taxes and duties, including Value Added Taxes (VATs), may be applicable, depending on the country of import. The User, in agreeing to these Terms and Conditions, acknowledges that any taxes or duties, including VATs, will be the sole responsibility of the User and EMPERIO will not be held liable for any fees, and that the User will be responsible for any importation compliance.
If your order is returned to EMPERIO due to your refusal to pay duties or taxes, or if the carrier was unable to deliver your order, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to EMPERIO. In addition, if your package is returned to EMPERIO, we will not reship your order unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-ship fees back to you.
International returns on orders are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company so your package is not returned to EMPERIO, subjecting you to unnecessary taxes, duties, shipping costs or delays. Delays for EMPERIO re-ships could take 4-6 weeks or longer to complete when packages are not received as they should be.
Once you have placed your order with EMPERIO, you have entered into a binding legal agreement and cannot cancel your confirmed order. You can however sell the products back to us at our buy back price. This involves a spread between buy and sell prices and will be deducted from your deposit or payment.
EMPERIO reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders EMPERIO deems questionable or suspicious, for orders EMPERIO deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when EMPERIO does not receive payment within the allotted timeframe.
EMPERIO is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order EMPERIO will contact you directly with notification of the cancellation and will refund you in full.
-Market Loss Policy
Upon issuance of an order number following a purchase from EMPERIO, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at EMPERIO’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which EMPERIO sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy. Market gains on cancellations or returns shall remain the property of EMPERIO.
Without limiting any other legal or equitable rights and remedies that may be available to EMPERIO, EMPERIO may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that EMPERIO may have to you. EMPERIO also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to EMPERIO.
Buy back prices listed on our website are only for products sold by EMPERIO, and are required to be the same Mint Condition as when sold to the User. Products that are no longer in Mint Condition will be subject to review and will have a different buy back price. Please contact us if you need pricing.
EMPERIO will purchase products that have been purchased from sellers other than EMPERIO upon review. The pricing for these products will not be the same pricing as EMPERIO offers for products that we have sold.
Buy backs will be paid for by cheque or by bank transfer only. If payment by bank transfer is necessary, then any bank charges associated with the transfer will be deducted from the total paid for the products.
You shall hold the existence and terms of all your transactions with EMPERIO, including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, EMPERIO and you shall cooperate, in good faith, with EMPERIO in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.
-Limit of Liability
IN NO EVENT SHALL EMPERIO OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF EMPERIO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EMPERIO'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EMPERIO FOR THE PRODUCTS.
EMPERIO shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labour disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of Users to cooperate with the reasonable requests of EMPERIO, breach of this Agreement by Users, and any other events reasonably beyond the control of EMPERIO.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud or If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law. We might be required to gather further information such as Government ID, Bank Proof or Proof of Address.
You agree to indemnify and hold EMPERIO, its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from any use of this Website
EMPERIO has not offered or given and will not provide any investment advice in connection with any transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the User.
The User warrants that EMPERIO has not offered or given any investment advice to User in connection with the products and services offered by EMPERIO. In addition, EMPERIO has not given User any opinion with respect to the suitability of any of its products or services for User.
This Terms and Conditions shall be governed by and construed in accordance with the law of Hong Kong and any dispute arising therefore shall be subject to the Jurisdiction of Hong Kong Court.
Emperio Gold and Silver Coins (HK) Ltd.
21/F A T Tower, 180 Electric Road, North Point, Hong Kong