EMPHASIS  |  Terms & Conditions

2.1 In these terms and conditions, the following expressions have the following meanings, unless the context requires otherwise:

• "Company" means Chow Sang Sang Jewellery Company Limited 周生生珠寶金行有限公司 which offers and manages the Programme in which Members participate;
• "Group" means Chow Sang Sang Holdings International Limited (a company incorporated in Bermuda with limited liability) and its subsidiaries;
• "Hong Kong SAR" means the Hong Kong Special Administrative Region of the People's Republic of China;
• "Member(s)" means member(s) of the Programme after registration of the Programme and approval by the Company;
• "Mainland China" means the People’s Republic of China, includes Mainland China and Hong Kong SAR only, which for the purpose of these terms and conditions; and
• "Valid Proof of Identity" means the e-membership card on the online membership page and/or WeChat page and/or Weixin page and/or MEMBER mobile application of the Company, or other valid documentation (including without limitation credit cards and driving licence) acceptable to the Company and printed with the name under which the relevant member is registered as Member.

3.1 Members are eligible for various benefits offered by the Company in accordance with these terms and conditions. Such benefits are listed out in (1) these terms and conditions and (2) the following webpage: https://www.emphasis.com/en/home (the contents therein regarding benefits to the Programme being incorporated by reference as part of these terms and conditions). The contents of the abovementioned webpage may be amended by the Company from time to time without consent from Members.

3.2 The benefits of Members and the memberships of the Programme may only be used for personal purchases and cannot be used for any commercial, promotional or other purposes whatsoever without the written consent of the Company.

3.3 Notwithstanding any provision of these terms and conditions, the Company reserves the right to modify the structure, rules, entitlements, benefits and other features of the Programme and its related programme(s), and to terminate the Programme and/or its related programme(s) at any time. Without prejudice to the generality of the foregoing, the Company shall be entitled to amend these terms and conditions (including those in the webpage referred in Clause 3.1 above) from time to time without consent from Members, provided that the Company will notify Members in advance of amendments to the Programme, its related programme(s) and/or to these terms and conditions. Any use of the Programme or its related programme(s) by a Member after an amendment to these terms and conditions shall be deemed as an acceptance of such amendment. The Company shall not be liable for any loss or damage resulting from or in connection with any amendment to the Programme and its related programmes or to these terms and conditions.

3.4 ELIGIBILITY FOR MEMBERSHIP AND APPLICATION

• Subject to Clause (7), a person may apply for membership of the Programme as a Member irrespective of whether he/she has made a prior purchase with the Company and upon filling in the required information on the registration form provided by the Company and completing the verification of his/her mobile phone number. Registration can be made via:
  • "EMPHASIS" boutique of the Company;
  • "EMPHASIS" official eshop of the Company;
  • "EMPHAISIS" eshops of the Company operated by e-commerce platforms (the "Designated e-Commerce Platforms") designated by the Group (if applicable);
  • online membership page of the Company;
  • social media page of the Company; or
  • the Company mobile application.
• By applying for membership of the Programme, he/she has read, understood, accepted and agreed to these terms and conditions and to the arrangement with respect to the collection, use, retention, access of his/her personal data.
• No membership fee is required for membership registration of the Programme.
• Applicant must be aged 18 years or above.
• After becoming a Member, he/she can then start accumulating spending ("Qualified Spending") at any jewellery stores of the Group, official eshop of the Company and eshops operated by designated e-commerce platforms designated by the Group, so as to qualify for different membership classes and enjoy the relevant benefits of that membership class.
• Each applicant for membership under the Programme warrants, represents and undertakes that the personal information provided by him/her to the Company is and shall be true, complete and accurate.
• The Company has the sole and final discretion to approve or reject any application for membership under the Programme without providing any reason.

3.5 MEMBER IDENTIFICATION

3.6 MEMBERSHIP SYSTEM

3.7 METHOD OF CALCULATION FOR QUALIFIED SPENDING

• Qualified Spending can be accumulated by a Member immediately only upon his/her successful registration as a "MEMBER".
• The valid accumulation period for Qualified Spending shall be the relevant membership class period, up to a maximum of 24 months. The first accumulation period starts from the first transaction made by the Member after his/her registration as "MEMBER" and ends on the day of expiry of his/her relevant membership class. If a Member duly extends his/her membership class in accordance with Clause 3.7, there shall be a new accumulation period for Qualified Spending, starting from the first day of the membership class period as renewed and ending on the day of expiry of the new membership class period as renewed. When the new accumulation period for Qualified Spending begins, the Qualified Spending accumulated in the previous accumulation period shall become zero.
• Subject to the provisions of this Clause 3.7, Qualified Spending can be accumulated through purchases at any EMPHASIS boutiques and eshop under the Group and the EMPHASIS eshops operated by the Designated e-Commerce Platforms (if applicable). To accumulate Qualified Spending for a purchase from an EMPHASIS eshop operated by the Designated e-Commerce Platforms, a Member must first bind his/her "MEMBER" membership to such eshop at the time of or prior to such purchase. Qualified Spending at the above channels can be aggregated together. HKD/RMB shall be converted at the rate of HKD 1 = RMB 1.
• Qualified Spending shall be calculated on the basis of net price (that is, the final price actually paid by a Member after deduction of discounts).
• For the avoidance of doubt, Qualified Spending shall not include spending on accessories (definition of which may be specified and/or amended by EMPHASIS from time to time), spending on services and returned goods.

3.8 MEMBERSHIP CLASS UPGRADE

• Membership class will be upgraded real-time automatically in accordance with Clause 3.6. After upgrade of a Member’s membership class, the Member can enjoy discount privileges and benefits of the relevant membership class provided under these terms and conditions in relation to his/her subsequent purchases.
• The validity period of the upgraded membership class shall last until 31st December of the year immediately following the year the membership class is upgraded, subject only to renewal in accordance with Clause 3.6.
• A Fan will be immediately upgraded to Classic Member if he/she accumulates any Qualified Spending.
• If a Fan/Classic Member accumulates Qualified Spending during the relevant membership class period (if applicable) of not less than HKD/RMB 8,000 (HKD/RMB shall be converted at the rate of HKD 1 = RMB 1) in net price, his/her membership class will be immediately upgraded to Prestige Member, provided that if a Member renews his/her membership class, the calculation of Qualified Spending during the next membership class period will restart from zero, that is, Qualified Spending will be calculated from the first day of the membership class period as renewed up to and ending on the day of expiry of the new membership class period as renewed, and prior Qualified Spending will not be counted.

3.9 MEMBERSHIP CLASS DOWNGRADE

• If a Classic Member/Prestige Member does not make any Qualified Spending between January and December of the last year of his/her membership class period, such Member will be downgraded to Fan on 1st January of the following year and thereafter can only enjoy the benefits available to Fan.
• Fan is the lowest membership class and is not subject to any downgrade or membership class period.

3.10 MEMBERSHIP CLASS ADJUSTMENT

If a Member returns goods purchased from the Company, the spending in relation to the returned goods will be deducted from the accumulated Qualified Spending, and the accumulated Qualified Spending shall no longer include the spending in relation to the returned goods. Without prejudice to the generality of the foregoing, EMPHASIS has the right to immediately cancel any upgrade or acquisition of membership class resulting from spending in relation to returned goods and to adjust the relevant Member’s membership class accordingly.

4.1 Subject to Clause 3.5(1) to (3), a "MEMBER" may enjoy the following services and privileges in accordance with his/her membership class:

• after-sales service in relation to jewellery;
• purchase discounts (only applicable to Prestige Members);
• birthday privileges on first transaction (only applicable to Prestige Members);
• invitation to participate in special events**; and
• updated information on jewellery.

**Only applicable to the class(es) of Members as may be specified by EMPHASIS from time to time

4.2 Details and conditions of the relevant benefits of each class of Members can be found on the following webpage https://www.emphasis.com/en/home EMPHASIS shall be entitled to amend the contents of the said webpage from time to time without consent from Members.

• A Prestige Member can enjoy regular Prestige Member discounts as may be specified by EMPHASIS from time to time in writing in relation to purchases at EMPHASIS boutiques and official eshop under the Group. Further details thereof can be found on the following webpage: https://www.emphasis.com/en/home, the contents of which may be amended by EMPHASIS from time to time without consent from Members.
• Prestige Member discounts does not apply to the EMPHASIS eshops operated by the Designated e-Commerce Platforms.
• If a Member is downgraded in accordance with Clause 3.9 as a result of his/her return of goods, he/she will not be required to return the purchase discounts (if any) already enjoyed in relation to the returned goods.

5.1 If a customer purchases goods from the EMPHASIS eshop operated by the Designated e-Commerce Platform (if applicable) that allows for registration as "MEMBER" or the binding of "MEMBER" membership, that customer can register as "MEMBER" through such eshop or other channels and automatically bind such membership to the account of such eshop, so as to facilitate the accumulation of Qualified Spending. Unless this Clause 5 otherwise provides, a Member will be immediate upgraded in accordance with Clause 3.8 upon accumulating the relevant amount of Qualified Spending and can thereafter enjoy the relevant Member discounts and benefits under these terms and conditions at other purchasing channels designated by EMPHASIS.

5.2 Relevant Member discounts and benefits are not applicable, in relation to transactions on the EMPHASIS eshops operated by the Designated e-Commerce Platforms, unless otherwise specified in the relevant Designated e-Commerce Platform.

6.1 The Company may, at its sole discretion, immediately suspend or terminate the membership of any Member under the following circumstances, provided that the Company shall give the Member notice and reason of such suspension or termination (as the case may be):

• the Company considers that the Member is in breach of these terms and conditions;
• the Company considers that the Member has engaged in unlawful activities in the course of using the Programme;
• the Member has been declared bankrupt;
• the Company considers that the Member acted in an inappropriate, fraudulent, abusive or hostile manner; or
• the Company is required to do so by applicable laws or governmental agencies.

6.2 Upon termination of the membership of a Member, all Qualified Spending, benefits and privileges accrued under such membership shall be cancelled and be null and void. Subject to applicable laws, the Member shall not be entitled to claim any loss or damage resulted therefrom against the Group.

7.1 For information about accessing and using the website and related services of the Company, please refer to the Terms of Use.

7.2 To learn more about how we handle customers’ personal data, please read our Privacy Policy and Cookie Policy.

7.3 A customer’s personal data in our possession can be updated online or at any of our shops. Such requests will be dealt with in accordance with the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong).

8.1 For the purposes of the Contracts (Rights of Third Parties) Ordinance, these terms and conditions are not intended to, and do not, give any person (except a Member and the Company) who is not a party any right to enforce (or enjoy any benefits under) any provision of these terms and conditions.

8.2 A Member shall not be entitled to assign, transfer or in any other way deal with all and any of his/her rights or obligations under these terms and conditions without the prior written consent of the Company. The Company shall be entitled to assign or in any other way transfer all its interests, benefits and rights under these terms and conditions.

8.3 Where any discrepancy arises between the Chinese and English versions of these terms and conditions, the Chinese version shall prevail.

8.4 Any forbearance or failure or delay by the Company in exercising any right, power or remedy shall not be deemed to be a waiver of such right, power or remedy, and any single or partial exercise of any right, power or remedy under these terms and conditions shall not preclude the further exercise thereof. Every right, power or remedy of the Company shall continue to be in full force and effect unless such right, power or remedy is expressly waived by way of a written instrument signed by the Company.

8.5 Notices, requests, documents or other communication (each a "Notice") from the Company to Members may be sent by mail or other electronic communication means or such other method the Company considers appropriate, to the last known address, email or other relevant means of communication as stated in the records of the Company.

8.6 A Notice shall be deemed to have been received by a Member (regardless of whether it is actually received by the Member):

• if given by mail, 3 days after posting; and
• if given by email or other electronic communication means, the time of transmission by the Company.

8.7 Any provision in these terms and conditions which is illegal, void, prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such illegality, voidness, prohibition or unenforceability, and shall not affect the validity of the remaining provisions hereof or the validity of such provision in any other jurisdiction.

These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong SAR. The courts of Hong Kong shall have non-exclusive jurisdiction in the event of any dispute or claim.