MADIA offers the members (the VIP Members) of its VIP Membership Program (the VIP Membership Program) and their gift recipients a free jewellery replacement and repair privilege in case of burglary or robbery for every piece of MADIA jewellery that they purchase from MADIA (or are gifted by a VIP Member, as the case may be), subject to the terms and conditions below (the Privilege).
Definitions
In these terms and conditions:
Calendar Year shall refer to the one-year period that begins on January 1 and ends on December 31, regardless of whether that year shall contain 365 or 366 days
Jewellery shall refer to any jewellery purchased from MADIA after 30 September 2016, but excludes Metal-Only Items
Metal-Only Item shall refer to any jewellery that only contains gold, silver, platinum or any other metal, regardless of the combination and proportion of the various metals, but excluding any jewellery that has any pearls, precious stones or semi-precious stones set within
Purchase Date shall refer to the date that a particular piece of Jewellery was purchased as stated on the original invoice as issued by MADIA during the purchase of such piece of Jewellery. For the avoidance of doubt, in the case of Jewellery that has been a) traded up in accordance with the terms and conditions of the “Grow Your Diamond” Preferential Program or b) exchanged for another piece of Jewellery of greater value, the Purchase Date shall be the date that the price difference was paid, as stated on the invoice as issued by MADIA for the new Jewellery.
Purchase Price shall refer to the full cash amount received by MADIA for the purchase of a piece of Jewellery, first net of any applicable discounts, and then net of any coupons applied to the purchase. Where there are multiple pieces of Jewellery purchased with coupons, the coupons shall be applied on a pro rata basis on the pre-coupon price of each piece of Jewellery. For the avoidance of doubt, in the case of Jewellery that has been traded up in accordance with the terms and conditions of the “Grow Your Diamond” Preferential Program, the Purchase Price shall be the price difference paid, also net of any discounts and coupons in the manner described above.
Year shall mean the period between a first date and a second date, which falls either 365 days after a first date or 366 days after the first date in the event that 29 February falls within that period, inclusive of the first date and the second date
Applicable Jewellery
The Privilege only applies to MADIA Jewellery and specifically excludes Metal-only Items (as per the definition of Jewellery above). For the avoidance of doubt, the Privilege shall apply to a piece of Jewellery that has been traded up in accordance with the terms and conditions of the “Grow Your Diamond” Preferential Program, including to the minimum trade up price difference in the terms and conditions of the “Grow Your Diamond” Preferential Program.
Registering for the Privilege as the Purchaser
For each piece of Jewellery that its purchaser (the Purchaser) wishes to obtain the Privilege, the Purchaser must register at any MADIA store (a Store) or on the MADIA website located at www.madia.com.hk (the Website) by providing true and accurate information regarding the Purchaser’s:
full legal name
Hong Kong Special Administrative Region (HKSAR) telephone number or international telephone number if no HKSAR telephone number is available
residential address located in HKSAR
the invoice number and the matching product reference number on the original sales invoice relating to the Jewellery (the Invoice)(together, the Registration Details).
VIP Membership Program Registration
Purchasers that are not already members of the VIP Membership Program must register for the VIP Membership Program at the time of purchase to receive a MADIA VIP Membership Program number in order to be eligible for the Privilege and provide it as part of their Registration Details.
In the case that a Purchaser was a VIP member but the VIP Membership has lapsed, they must re-activate their previous VIP Membership Program number and provide that number as part of their Registration Details.
Registering for the Privilege as a Gift Recipient
If the Purchaser wishes to give the Jewellery as a gift to a gift recipient (the Gift Recipient), the Purchaser shall NOT provide the Purchaser’s Registration Details nor provide Registration Details of the Gift Recipient. Instead, the Gift Recipient shall visit any Store or the Website and provide his/her own Registration Details along with the invoice number and matching product reference number on the gift invoice relating to the Jewellery (the Gift Invoice).
In cases where the Gift Recipient has his/her own MADIA VIP Membership Program number, such Gift Recipient shall NOT be able to register the gift under their own MADIA VIP Membership Program number.
In order for Gift Recipients to check details of the Privilege of Jewellery gifted to them, Gift Recipients shall visit a Store to inquire with MADIA sales associates.
Election
The Purchaser or the Gift Recipient must elect whether the Privilege shall apply to each piece of Jewellery (the Election) and the process of giving the Registration Details about should be considered an Election. Once a Purchaser or a Gift Recipient (the Electing Customer) has made the Election for the Privilege for a piece of Jewellery, the Privilege cannot be transferred to another person. For the avoidance of doubt, once a Purchaser has made the Election for a piece of Jewellery, the Gift Recipient will not be able to elect to receive this Privilege for the same piece of Jewellery.
Election Period
The Electing Customer shall be eligible to make the Election within 30 days (the Eligible Period) starting from the Purchase Date. Failure to make an Election relating to a piece of Jewellery within the Eligible Period shall render that piece of Jewellery ineligible for the Privilege.
Period of Privilege
The period of Privilege shall only begin once the Electing Customer has provided all Registration Details and has made the Election in compliance with these terms and conditions. Subject to the Extension of Privilege section below, the Privilege shall cease to have effect 1 year from the Date of Purchase (the Original Privilege Period). For the avoidance of doubt, the Original Privilege Period shall be shortened accordingly by any delay by the Electing Customer in providing accurate Registration Details or making the Election in general.
Extension of Privilege
Subject to eligibility requirements below, the Privilege of a piece of Jewellery may be extended for 1 year (the Extension Privilege Period). For a piece of Jewellery to be eligible for the Extension Privilege Period, the Purchaser must:
purchase another piece of Jewellery in the calendar year following the year that the Purchase Date falls within (the Additional Jewellery), and such Additional Jewellery shall be subject to all the requirements on Jewellery above, including the exclusion regarding Metal-Only Items; and
continue to be a member of the VIP Membership Program at the time of purchase of the Additional Jewellery.
For the avoidance of doubt:
all pieces of Jewellery that enjoyed the Privilege and were bought in the same calendar year shall enjoy the Extension Privilege Period as long as the Purchaser purchases one or more pieces of Additional Jewellery in the next calendar year;
for each piece of Jewellery, the 1 year Extension Privilege Period shall start to run from the later of the end of the Original Privilege Period and the Purchase Date of the Additional Jewellery;
if the case that the Extension Privilege Period does not start to run from the end of the Original Privilege Period, the Privilege shall not apply to the period between the end of the Original Privilege Period and the beginning of the Purchase Date of the Additional Jewellery;
a purchase of Additional Jewellery by the Gift Recipient shall not entitle the Jewellery that Gift Recipient received as a gift to be eligible for the Extension Privilege Period and only a purchase of Additional Jewellery by the Purchaser shall entitle such gift Jewellery to be eligible for the Extension Privilege Period; and
in no event shall the Privilege apply to any piece of Jewellery for more than a total of 2 years.
Incidents
During the Original Privilege Period, or the Extension Privilege Period if applicable, if a piece of Jewellery is stolen or damaged:
as a result of a burglary at the Registered Owner’s registered residential address within the HKSAR which matches that provided in the Registration Details at the time of such burglary; or
ii. as a result of a robbery occurring in the HKSAR (each, an Incident),
MADIA will replace or repair, at its discretion, the piece of Jewellery. This Privilege does not extend to any Jewellery that is lost or damaged as a result of theft alone.
Reporting Requirements
As soon as possible after, but in no case more than forty-eight (48) hours after any Incident, the Electing Customer must report the Incident to the Hong Kong Police Force of the Government of the HKSAR (the Police) in person and obtain a copy of the incident report issued by the Police (the Police Report).
For the Privilege to apply:
the Police Report must state that either burglary or robbery was the cause of the Incident;
the full legal name of the complainant in the Police Report must match the full legal name provided by the Electing Customer in his/her Registration Details; and
in the case that the Incident is a burglary, the Police Report must state that the Incident occurred at the registered residential address located in HKSAR as provided by the Electing Customer in his/her Registration Details.
The Privilege shall not apply if the name (and address, in the case of a robbery) on the Police Report do not match those provided in the Registration Details. The Privilege shall also not apply if the Police Report does not state that either burglary or robbery was the cause of the Incident.
Update of Registration Details
It is the responsibility the Electing Customer to visit any Store to update their Registration Details from time to time. Failure to do so before an Incident may result in inaccurate or mismatching information and result in the Electing Customer not being able to enjoy the Privilege.
Request for Repair or Replacement
The Electing Customer shall, in person, bring to any MADIA store, within fourteen (14) days of any Incident:
the original Privilege documentation provided by MADIA;
the original Invoice (or Gift Invoice, as the case may be); and
a full, true, and accurate copy of the Police Report.
Upon receiving these documents, the sales associate of MADIA will review the documents and make a decision as to whether the Jewellery shall be eligible for Repair or Replacement.
In cases of disagreement, the sales associate of MADIA shall refer the case to MADIA headquarters for a full review. MADIA shall retain full discretion as to whether or not to give approval for the Repair or Replacement.
Repair and Replacement
If MADIA gives approval for repair or replacement, the Electing Customer may then request:
to have the Jewellery repaired in the case that the Jewellery was damaged in the Incident (a Repair); or
to have the Jewellery replaced in the case that the Police Report states that the Jewellery is no longer in the possession of the Electing Customer (a Replacement).
For the avoidance of doubt, the Privilege does not apply to a piece of jewellery that was a Repair or a Replacement of another piece of Jewellery.
Limitations of Privilege
Repair
n the case of a Repair, MADIA shall use reasonable efforts to repair the Jewellery to its original condition, including replacing lost or damaged parts with similar parts, but shall limit its costs and expenses in relation to such Repair to the lesser of HK$50,000 or the Purchase Price of the Jewellery.
Replacement
In the case of a Replacement, the Electing Customer may select another piece of jewellery (the Replacement Jewellery) the price of which, net of any applicable coupons or discounts available to the Electing Customer at the time of the Replacement, is the lesser of HK$50,000 or the Purchase Price of the Jewellery.
For the avoidance of doubt, if the VIP level of the Electing Customer has changed between the Purchase Date of the original Jewellery and the date of Replacement, the discount applicable to the Electing Customer on the date of Replacement shall apply.
Additional disclaimers
You consent to receiving information in the future and give your consent to the intended use of the Personal Data, including but not limited to the Registration Details or any information relating to the purchases that you have made (the Personal Data), in the direct marketing of jewellery products, related products and services provided by the companies in the Lee Heng Jewellery Group of Companies Limited but Lee Heng Jewellery Group of Companies Limited will not use the Personal Data without your consent. You understand that you may visit our website http://www.madia.com.hk/opt-out/ to stop receiving the same.
In order to take advantage of this Privilege, you also consent to the companies in the Lee Heng Jewellery Group of Companies Limited and their associates, employees, directors, and professional advisors in providing the Personal Data to third parties in the case of an Incident to verify that all terms and conditions of the Privilege have been fulfilled.
By taking part in this Privilege, you accept and agree that this is NOT an insurance contract or an offer for insurance. Any claim that this Privilege is an insurance contract or any claim that this Privilege is an offer to provide insurance shall invalidate this Privilege.
Although this Privilege is not contract or an offer, these terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and any claims in relation shall be submitted to the non-exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region.
MADIA reserves the right for final adjudication and has full discretion to amend the terms of this Privilege or end this Privilege. This may apply both to Jewellery purchased before and after the date of the change.
The Privilege shall only apply to each piece of Jewellery once.
For the avoidance of doubt, this Privilege shall have no cash value and the Replacement or Repair shall not take the form of cash or cash equivalents.
If there is any conflict between the English and the Chinese version of these terms and conditions, the English version shall prevail.