Terms and Conditions
TERMS
1. Introduction
1.1 These Terms and Conditions apply to the use of our website or
the purchase of products offered through our website.
1.2 Defined terms and interpretations for these Terms and
Conditions are set out in paragraph 26.
2. Acceptance
2.1 You represent and warrant that:
(a) you are an individual aged 18 or over;
(b) you have the authority to enter into a legally binding contract
with us; and
(c) you are not prevented from entering into a legally binding
contract with us by any applicable law or contract.
2.2 We reserve the right to request written confirmation of your
authority to agree to these Terms.
2.3 You represent and warrant that you have not:
(a) been convicted of a computer or internet-related crime; and
(b) have a history of refusing products or access to the Site.
2.4 We reserve the right to refuse you access to our Site if we
consider such refusal necessary or appropriate.
2.5 Placing an order constitutes:
(a) your representation and warranty that you have read these
Terms and Conditions carefully and in full;
(b) your offer to purchase the order solely in accordance with theseTerms and Conditions;
(c) your agreement that any order confirmation is made solely on
the basis of these Terms and Conditions; and
(d) your undertaking to us that you will comply with these Terms and
Conditions.
2.6 If you do not agree to these Terms and Conditions, you must not
use the Website or purchase any Products.
2.7 You must expressly agree to these Terms and Conditions in
order to:
(a) submit any information to or through our Website; or
(b) purchase any Product.
2.8 By visiting our Website, purchasing any Products, or agreeing to
these Terms and Conditions:
(a) you also agree to be bound by our Privacy Policy; and
(b) you agree to and agree to comply with our Acceptable Use
Policy (see paragraph 12 below for further details).
2.9 We recommend that you print a copy of these Terms and
Conditions for your future reference.
2.10 If you do not agree to these Terms and Conditions, you will not
be able to place an Order or communicate with us.
3. Personal use
You acknowledge that you will use the Site to purchase Products
only for your own personal and non-commercial use, as a principal
and not as an agent or on behalf of any other person.4. Price
4.1 The prices for products quoted on our website include delivery
costs but exclude all fees, taxes, duties, levies or similar
government charges ( "duty unpaid and untaxed") .
4.2 All customs duties, fees, taxes, or other official charges
and declarations for importing the products to the delivery
address are your responsibility and will be borne by you; they
are not included in the price of the products. For all deliveries,
additional costs may arise in individual cases for which the
seller is not responsible and which must be borne by the
customer. In addition to shipping costs, these also include
costs for customs duties or import sales tax. Since the goods
are shipped from a non-EU/USA country (China), whether
customs duties are payable for a product must be clarified with
our customer service before ordering. Customs duties or
import sales tax are not paid by us and are the responsibility of
the buyer. Our goods are always shipped "duty unpaid and
untaxed." The buyer is the "importer of record" and is
responsible for the proper payment of customs duties and/or
import taxes and must fully comply with all laws and
regulations of the importing country. Since import regulations
vary from country to country, please check your country's
customs duties and import taxes before placing your order. It
is the buyer's responsibility to fully verify compliance with all
laws and regulations of the importing country upon receipt of
the goods.
4.3 We will make every effort to ensure that all details, descriptions,
and prices of the Products that appear on our Website are correct.
However, there may be occasions where errors may occur. If we
discover that a pricing error has occurred, we will inform you as
soon as possible and give you the option of reconfirming your order
at the correct price or canceling your order. If we are unable to
contact you, or if we do not receive a response from you, the order
will be treated as canceled and you will receive a full refund. If you
choose to reconfirm your order, we will arrange for delivery of yourorder and invoice or refund you the amounts specified in our
notification to you shortly after we receive your reconfirmation of
your order by the form and method of payment you used to place
the order.
4.4 We are not obliged to fulfill an order if the price shown on the
Website is incorrect (even after you have received an Order
Confirmation).
4.5 Prices may change from time to time. However, such changes
will not affect an order for which an order confirmation has been
sent.
5. Place an order
5.1 After you have placed an order, all orders are subject to stock
availability. If we have sufficient stock to fulfil your order, you will
receive an Order Confirmation, which will serve as our confirmation
of receipt of your order. In the event of any supply difficulties or
unavailability of stock to fulfil your order, we will notify you by email
and refund all payments made in respect of the order.
5.2 A Contract will only be formed when we have issued you an
Order Confirmation and only in respect of the Product(s) included in
the Order Confirmation. These Terms and Conditions form part of
the Contract and are incorporated to the exclusion of all other
terms.
5.3 If your order consists of more than one Product, the Products
may be delivered to you in separate deliveries at separate times.
5.4 We reserve the right to remove any Products from the Website
at any time. We also reserve the right to edit or remove any material
or content from the Website. We will not be liable to you or any third
party for the removal of any product from our website or the editing
or removal of any materials or content from our website.
5.5 We reserve the right to refuse or reject any order you haveplaced at any time (including after we have sent an order
confirmation). We will not be liable to you or any third party for the
cancellation or rejection of any order.
5.6 If we cancel your order after we have received payment
(including after we have sent an order confirmation), you will
receive a full refund of the payment for the order.
6. Payment
6.1 You can pay for the Products using one of the payment
intermediaries listed on our Website.
6.2 You can also pay for all or part of your order using a promotional
voucher provided by us. Promotional vouchers can only be entered
online at checkout.
6.3 We may use payment intermediaries to process payments
between you and us. You agree that we may share documents and
information about you with the payment intermediaries, including
documents and information containing your personal data.
6.4 We are not a regulated payment processor or money service
provider and are not responsible for any payment failures or
problems caused by the payment intermediaries.
6.5 You are responsible for providing full and accurate information
in the payment process, and all payments must be made using your
own funds. By placing an Order, you confirm that:
(a) the payment method used for payment belongs to you;
(b) if applicable, you are the rightful holder of the promotional
voucher; and
(c) you have sufficient funds or credit facilities to pay for the order in
question.6.6 We will not be liable or responsible for any unauthorized use of
your credit, debit, or prepaid cards by any third party, even if those
cards have been reported stolen. We may notify any applicable
authorities (including credit reference agencies) of any fraudulent
payment or other unlawful activity.
6.7 You will not:
(a) make or attempt to make any chargebacks in respect of any
payment you have made for Products; or
(b) reverse any payments you have made in respect of Products.
6.8 You will fully indemnify and hold us harmless in respect of any
chargebacks or reversals of payments you have made, and in
respect of any losses, costs, liabilities, or expenses we incur arising
out of or in connection with such chargebacks or reversals.
7. Delivery
7.1 We will endeavour to deliver your order to the delivery address
you provide when you place your order.
7.2 We will provide an estimated delivery date when you checkout
for your order.
7.3 We may notify you if we are unlikely to meet the estimated
delivery date, but we will not be liable to you for any losses,
liabilities, costs, damages, charges or expenses arising from late
delivery, to the fullest extent permitted by law.
7.4 We may not be able to deliver Products to certain locations. If
this happens, we will notify you and arrange for the order to be
cancelled and refunded, or delivered to an alternative delivery
address confirmed by you.
7.5 All risk in the Product will pass to you upon delivery to the
delivery address, unless delivery is delayed due to a breach of yourobligations under these Terms and Conditions. Risk will pass at the
time delivery would have occurred but for your breach.
7.6 If you are unable to accept delivery or collection of your order,
we may leave a card with instructions for redelivery or collection
from the carrier.
7.7 If delivery or collection is delayed by your unreasonable refusal
to accept delivery or your failure to collect your order from the
carrier, we may charge you for all fees and other costs reasonably
incurred by us in returning the order to the sender, without prejudice
to any other rights or remedies available to us.
7.8 Goods will be dispatched within 2-20 days of confirmed
payment. Standard delivery time is 7-12 working days, exceptionally
up to 4 weeks, unless otherwise stated in the item description. The
owner does not ship directly. Orders will be dispatched from the
manufacturer once the entire order is in stock.
7.9 All customs duties, fees, taxes, or other official charges
and declarations for importing the products to the delivery
address are your responsibility and will be borne by you; they
are not included in the price of the products. For all deliveries,
additional costs may arise in individual cases for which the
seller is not responsible and which must be borne by the
customer. In addition to shipping costs, these also include
costs for customs duties or import sales tax. Since the goods
are shipped from a non-EU/USA country (China), whether
customs duties are payable for a product must be clarified with
our customer service before ordering. Customs duties or
import sales tax are not paid by us and are the responsibility of
the buyer. Our goods are always shipped "duty unpaid and
untaxed." The buyer is the "importer of record" and is
responsible for the proper payment of customs duties and/or
import sales tax and must fully comply with all laws and
regulations of the importing country. Since import regulations
vary from country to country, please check your country's
customs duties and import tax before placing your order. It isthe buyer's responsibility to fully verify compliance with all
laws and regulations of the importing country upon receipt of
the goods.
8. Cancellation or modification of orders
8.1 Once an order has been placed through our website, you may
cancel or change your order by sending us an email.
8.2 Once an order has been packed, it cannot be canceled or
changed; instead, the order must be returned to us in accordance
with paragraph 10 below. As our goods are shipped from Asia,
transit times may be longer than our control. If the goods are
already on their way to you, cancellation is not possible. Please wait
until you have received the goods and return them to us. Of course,
you can still notify us of your cancellation in advance. To guarantee
the fastest possible return, we ask that you send us a dispatch
confirmation. An early refund is only possible 16 weeks after the
order has been placed if the goods have not been received. 8.3
As we use a fully automated system, orders are processed
immediately after dispatch. Therefore, we are unfortunately unable
to interrupt the shipping process until delivery, so a refund before
receipt of the goods is only possible up to 24 hours after ordering.
9. Defective products
9.1 You acknowledge that the Products are standard products and
are not custom-made to meet your specific requirements.
9.2 All product descriptions, information, and materials set out on
the Website are provided "as is" and without any express or implied
warranties or other representations.
9.3 Images of the Products may differ slightly from the actual
Product you receive.
9.4 If the Product you receive is faulty, you may email us informing
us of the Product to be returned and enclosing a picture of the faultyProduct.
9.5 You may return the Product to us in accordance with paragraph
10.
9.6 We will inspect the Product upon receipt. Our processing time
will depend on your order.
9.7 We will notify you by email if we are satisfied that the Product is
faulty.
9.8 Our sole obligation to you in respect of defective Products will
be to either (at our sole discretion):
(a) replace the Product and pay the delivery costs for delivery of the
Products to the delivery address, for which you must return the
defective Product to us and we will then deliver a replacement
Product to the delivery address; or
(b) pay you an amount equal to the price of the Product and the
return of the defective Product to us. We will pay this amount to you
by payment into the account from which we received payment and
using the same payment method.
9.9 If we determine that the Product is not defective, we may, at our
sole discretion, decide not to refund you the purchase price for the
Product and we may require you to pay any reasonable service
charges and apply these to the method of payment used for the
order. We will not be liable to you for any losses, liabilities, costs,
damages, charges, or expenses arising from this paragraph to the
fullest extent permitted by law.
10. Returns and Refunds
10.1 Our Returns Policy forms part of these Terms and Conditions,
which govern your access to and use of our website.
10.2 If you are not entirely satisfied with your order, you may sendan email informing us of the product to be returned and return the
product to us. The cooling-off period shall expire after 30 days
from the day on which you, or a third party other than the
carrier and indicated by you, takes possession of the last
good. 10.3 Return postage and handling are to be borne by the
customer. 10.4 The product must be received by us for the
customer to be entitled to a refund. We will inspect the returned
product upon arrival. 10.5 You must ensure that the product is
returned to us in the same condition in which you received it and
that it is properly packaged. The product must be unused, the
product labels must not have been tampered with, and the product
must be in its original packaging. If a product is returned to us in an
unsuitable condition, we reserve the right to refuse return of the
product. 10.6 Our processing time for returns depends on your
order. 10.7 If we are satisfied with the condition of the returned
product, we will send you an email authorising your return. A refund
will be issued shortly to the payment method used for the order
after we have sent you notification of the approval of your
return. 10.8 The cancellation is complete when we receive the
physical goods. 10.9 As our goods are shipped from Asia, longer
transit times may occur which are beyond our control. If the goods
are already on their way to you, a cancellation is not possible.
Please wait until you have received the goods and return them to
us. Of course, you can still notify us of your cancellation in advance.
To guarantee the fastest possible return, we ask you to send us a
dispatch confirmation. An early refund is possible at the earliest
16 weeks after receipt of the order if the goods have not been
received.
11. Vouchers
11.1 You can use our promotional vouchers or discounts when
paying for products on the Website.
11.2 To redeem a voucher or apply a discount, the voucher or
discount code must be entered on the checkout page of our order.
11.3 Once the voucher or discount code has been entered and
applied, the voucher or discount will be included in the total amount
of your order at checkout.
12.4 You can only redeem or use one promotional voucher or
discount per order. 11.5
The credit from a promotional voucher does not bear interest and
has no cash value.
11.6 If the balance from a promotional voucher is insufficient to
cover your order, you can pay the difference using a separate
payment method available on the Website.
11.7 If you use a promotional voucher on an order that has been
returned, you will not be refunded the value of the promotional
voucher. However, if you paid for part of the amount using a
separate payment method, that part may be refunded.
12. Permitted Use
12.1 You must not ("Prohibited Conduct"):
(a) use our Website in any way or take any action that causes, or
may cause, damage to the Website or impairment of the
performance, availability, or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent,
or harmful, or in connection with any unlawful, illegal, fraudulent, or
harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use,
publish, or distribute any material which consists of (or is linked to)
any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit, or other malicious computer software;
(d) conduct any systematic or automated data collection activities
(including scraping, data mining, data extraction, or data harvesting)
on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Site using a robot, spider,
or other automated means;
(f) violate the policies set forth in the robots.txt file for our Site;
(g) use data collected from our Site for any direct marketing activity
(including email marketing, SMS marketing, telemarketing, or direct
mail);
(h) use data collected from our Site to contact any individual,
business, or other person or entity;
(i) use or direct the Site to interact with any device unless you are
expressly authorized to do so;
(j) directly or indirectly use the Site's infrastructure to initiate,
propagate, participate in, direct, or attempt to hack any attack or to
send bandwidth-sapping, malicious, or potentially harmful network
messages to any device, whether owned by us or not;
(k) directly or indirectly copy, publish, modify, translate, decompile,
disassemble, reverse engineer, or otherwise attempt to derive or
access the structure or source code of the Site (whether to create
derivative works of the source code or otherwise);
(l) use or access the Site to create a similar or competing product or
service, or to benchmark or compare products to any third party;
(m) sell, assign, sublicense, transfer, distribute, or lease your
access to the Site;
(o) make the Website available to any third party over a private
computer network;
(p) edit or otherwise alter in any way any content or paper or digital
copies of materials printed or copied from our Website;
(q) use the Website in any way that is prohibited by any law or
regulation applicable to the use of the Website;
(r) make any unauthorized requests or place any unauthorized
orders; or
(s) place any speculative, false, or fraudulent orders.
12.2 You acknowledge that you will be liable to us for any damages,
losses, liabilities, costs, or expenses that we suffer or incur arising
out of or in connection with any Prohibited Act carried out or
permitted by you.
12.3 You agree to notify us as soon as practicable after becoming
aware of any person carrying out any Prohibited Act. You will
provide us with all reasonable assistance in any investigations that
we may carry out based on information provided by you in this
regard.
12.4 You must ensure that all information you provide to us through
our Website or in relation to our Website or the Products:
(a) is true, accurate, current, complete and not misleading;
(b) complies with all applicable laws and regulations
; (c) does not infringe the privacy, protection of personal data,
confidentiality, or intellectual property or other rights of any person;
and
(d) is not offensive, abusive, pornographic, defamatory, unreliable,
misleading, illegal or otherwise objectionable.
12.5 You will promptly provide us with any documents or other
information we request from you to verify your identity. You will
promptly update any information you provide to us so that all your
information with us is complete and accurate at all times.
12.6 You must comply with all applicable laws regarding your use of
the Site, and it is your sole responsibility to ensure that you comply
with them, whether based on your country of residence, the location
from which you access the Site, or otherwise.
12.7 Please email us if you become aware of any material or
activity on our Site that violates these Terms and Conditions.
13. Website linking
13.1 Links from our website to other websites and resources
provided by third parties are provided for your information only.
Links from our website to other websites and resources should not
be taken as a recommendation or endorsement by us of those
linked websites or resources, or of the information you may obtain
from them.
13.2 You acknowledge and accept that we have no rights or control
over the contents of other websites and resources linked from or
referred to within our website.
13.3 You may link to our home page, provided you do so in a way
that is fair and legal and does not damage our reputation or take
advantage of it.13.4 You must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where
none exists.
13.5 You must not establish a link to our website on any website
that is not owned by you.
13.6 Our Site must not be framed on any other website, nor may
you create a link to any part of our Site other than the home page.
13.7 We reserve the right to withdraw linking permission without
notice.
13.8 The website in which you link must comply in all respects with
the content standards set out in our Acceptable Use Policy (see
paragraph 12 above).
13.9 Please contact us to obtain our prior permission for any linking
to our Site which does not comply with this paragraph 13.
14. Intellectual Property Rights
14.1 The code, structure, and organization of the Website are
protected by intellectual property rights.
14.2 We are the owner or the licensee of all intellectual property
rights in our Website, its content, and the material published on it.
These works are protected by applicable laws and treaties
throughout the world. All such rights are reserved.
14.3 You may use the Website and all Website content only for your
personal and non-commercial use and in accordance with these
Terms and Conditions. The content of the Website includes content
relating to the Products.
14.4 You agree to notify us of any suspected infringement of any
intellectual property rights owned by us.14.5 You are not permitted to use our trademarks without our prior
written permission, unless they are part of material that you use
(and reproduce exactly) in accordance with paragraph 13.
15. Data protection
15.1 Our Privacy Policy forms part of these Terms and Conditions,
on the basis of which you may access and use our website.
15.2 We use cookies on our website. We also use cookies to track
the way our customers prefer to view our website. By accepting
these Terms and Conditions, you also consent to our use of cookies
for this purpose. For more information about cookies, please see
our Privacy Policy.
15.3 If you provide us with your personal data, we will process that
personal data in accordance with your instructions from time to time
and will take appropriate security measures to protect that personal
data against unauthorized and unlawful processing and against
accidental loss, destruction or damage.
15.4 Unless special safeguards are appropriate or otherwise agreed
in writing, information and documents arising in connection with the
sale of the Products may be shared by us and, in particular, such
information and documents may be accessible in electronic form by
any of our employees, officers, advisors or agents.
16. Viruses
16.1 We do not guarantee that our website will be secure or free
from errors or viruses.
16.2 You are responsible for configuring your information
technology, computer programs, and platform to access our
website. You should use your own virus protection software.
16.3 You must not misuse our website by knowingly introducing
viruses, Trojan horses, worms, logic bombs, or other malicious or
technologically harmful material.
16.4 You must not attempt to gain unauthorized access to our
website, the server on which our website is stored, or any server,
computer, or database connected to our website.
16.5 You must not attack our website via a denial-of-service attack
or a distributed denial-of-service attack.
16.6 If we believe that you have failed to comply with the provisions
of this paragraph 16, your right to use our website will cease
immediately. We may report any violation to the appropriate law
enforcement authorities and will do so if required by applicable law.
17. Liability
17.1 Subject to paragraph 17.13, to the fullest extent permitted by
law, we exclude all liability and accept no responsibility for any loss
you or any other person may suffer as a result of:
(a) any Third Party Content or User Content;
(b) our Content, and in particular as a result of the accuracy,
completeness or currency of our Content;
(c) the Products, and in particular as a result of the Products'
quality, images, description or specifications, conformity to
description and reasonable fitness for a particular purpose;
(d) reliance on any information contained in these Terms and
Conditions or on our Website or any features provided in these
Terms and Conditions or on our Website;
(e) the inability to access the Website or any part of it, or access
being interrupted or partial at any time, or functioning with errors;
and
(f) any failure or delay in the performance of any obligation by us,
whether or not we give prior notice, if and to the extent that thefailure or delay is caused by any circumstance beyond our
reasonable control, and which includes telecommunications
failures, power failures, terrorism, fuel strikes, severe weather,
computer failures, supplier delivery failures, industrial disputes, and
the absence of staff due to sickness or injury, and the time for
performance of any obligation the performance of which is affected
in this way will be extended accordingly.
17.2 We will not be liable to you (whether in contract, tort (including
negligence), breach of statutory duty, or otherwise) for any loss of
profits, business opportunity, goodwill, savings or benefits, or for
any type of indirect, special, or consequential loss, even if that loss
or damage was reasonably foreseeable or the relevant party knew
of the possibility of that loss or damage occurring.
17.3 Our liability arising directly or indirectly from these Terms and
Conditions (including your purchase of products from us under
these Terms and Conditions) or which is not otherwise expressly
excluded under these Terms and Conditions shall be limited to the
greater of US$1,000 or a multiple of five times the price you paid for
the products giving rise to the liability. The amount of this limitation
of liability shall be reduced by the amount of any unpaid amounts
you owe us.
17.4 Any claim by either party for breach of contract, tort (including
negligence), breach of statutory duty, or otherwise arising out of or
in connection with these Terms and Conditions must be brought
within one year of the act or omission alleged to have caused the
loss or expense.
17.5 Except to the extent that claims cannot be excluded or limited
by law, no claim arising out of or in connection with these Terms and
Conditions may be brought by you personally against any of our
employees, officers, consultants, or other agents involved in the
performance of the relevant obligations.
17.6 All representations or warranties, whether contractual or non-
contractual, and all warranties, conditions, terms, undertakings, andundertakings implied by statute, common law, custom, usage,
course of dealing, or otherwise (including implied warranties of
satisfactory quality, conformity to description, and reasonable
fitness for purpose) are excluded to the fullest extent permitted by
law.
17.7 Only one claim may be made against us (including our
employees, officers, or consultants) arising from any one act or
omission. An act or omission includes a series of related acts or
omissions, the same act or omission in a series of related matters,
or similar acts or omissions in a series of related matters, and
includes all claims arising out of one matter.
17.8 The limitations in this paragraph 17 apply to our aggregate
liability to you (including any other third parties to whom we may be
held liable, with or without our consent) in respect of any one claim,
and you and all such other persons may jointly recover from us only
once in respect of the same loss.
17.9 Where a limitation of liability applies, regardless of amount, the
limitation will apply to the entire provision of services or supply of
products by us, and there will be no separate aggregate limitations
of liability that apply to you, each group company of which you are a
part, and any person nominated by a Company User.
17.10 If we are jointly and severally liable to you with another party,
we will only be liable to you for that proportion which is reasonably
attributable to our fault. We will not be liable to you for that
proportion which is attributable to the fault of any other party for
which that other party would otherwise be liable.
17.11 Any liability from us to you will be reduced by the proportion
for which any other party would have been liable if either:
(a) you had also brought proceedings or made a claim against that
other party; or
(b) we had brought proceedings or made a claim against that otherparty under the Civil Liability (Contribution) Ordinance or any similar
law in any other relevant jurisdiction.
17.12 In considering whether other parties may be liable to you, no
account shall be taken of your being unable to pursue remedies
against another party because claims against that party are time-
barred, that party lacks sufficient funds, that party relies on
exclusions or limitations of liability, or that other party no longer
exists.
17.13 The exclusions and limitations of liability in these terms and
conditions do not affect our liability:
(a) for death or personal injury resulting from our negligence;
(b) for fraud or reckless disregard of professional duties;
(c) for any other liability which cannot be excluded or limited in the
jurisdiction to which a relevant claim is subject, including limitations
on our right to limit our liability; and
(d) in any other case, to limit our liability to less than the minimum
amount required in the circumstances by any other statute or
regulation relevant to the claim; in which case, that minimum
amount will be deemed a substitute for the amount that would
otherwise apply.
17.14 These provisions constitute an exhaustive list of the remedies
available to each party or any third party against either party arising
out of or in connection with these Terms.
18. Compensation
18.1 You will, on demand, fully indemnify and hold the Indemnified
Parties harmless from and against all claims, costs, and losses of
every kind and nature which the Indemnified Parties suffer or may
suffer arising out of or in connection with(a) any material breach by you of the provisions of these Terms and
Conditions;
(b) any fraud, negligence, misconduct, or reckless carelessness in
relation to your obligations under these Terms and Conditions; and
(c) your use of our Website.
18.2 We shall be entitled to recover from you all expenses
reasonably incurred by us in connection with any indemnified claim,
and all such expenses shall be payable on demand.
19. Force majeure event
19.1 If a Force Majeure Event lasts for more than one week, we
may terminate these Terms and Conditions immediately upon
written notice and without any liability other than a refund of any
Product already paid for by you and not delivered.
19.2 We reserve absolute discretion over the solution we will adopt
to fully perform our obligations under these Terms and Conditions
upon the occurrence of a Force Majeure Event.
20. Variations
20.1 We may change these Terms and Conditions from time to time.
We will give you advance notice of any material changes that we
believe may adversely affect you. We will notify you of any changes
to these terms and conditions. The then-current Terms and
Conditions will apply to your use of our website and any products
offered through our website.
20.2 If you do not agree to the amended Terms and Conditions, you
must stop using our website or purchasing our products.
20.3 If you have given your express consent to these Terms and
Conditions, we will ask for your express consent to any revision to
these Terms and Conditions before your first purchase of products
after the change comes into effect. If you do not give your expressconsent and agreement to the revised Terms and Conditions within
the time period we specify, you must stop using the website or
purchasing our products.
21. Your violation
21.1 Without prejudice to our other rights under these Terms and
Conditions, if you breach these Terms and Conditions in any way, or
if we reasonably suspect that you have breached these Terms and
Conditions in any way, we may
(a) issue you with one or more formal warnings;
(b) temporarily suspend your access to our Site;
(c) cease processing any order;
(d) refuse any payment from you;
(e) permanently prohibit you from accessing our Site;
(f) block computers using your IP address from accessing our Site;
(g) contact one or all of your internet service providers and request
that they block your access to our Site; or
(h) take legal action against you, whether for breach of contract or
otherwise.
21.2 If we suspend, prohibit or suspend your access to our Site, or
any part of our Site, you must not take any action to circumvent
such suspension, prohibition or suspension.
22. Termination and Suspension
22.1 You may stop using the Website at any time.
22.2 We may suspend the provision of the Website at any time, with
or without reason and with or without notice.
22.3 Without prejudice to paragraph 22.2, we may suspend or
terminate your access to this Website if your use of the Website
would give rise to or risk legal liability of any kind or would disrupt
anyone else's use of the Website.
22.4 If we suspend or terminate your access to the Website, we will
try to give you advance notice. Nevertheless, we may, at our
discretion, suspend or terminate your access to the Website
immediately and without notice.
22.5 We do not guarantee that our Website will always be available
or will remain uninterrupted. We may discontinue, suspend,
withdraw, or restrict the availability of all or any part of our Website
for business or operational reasons. We will try to give you
reasonable notice of any suspension or withdrawal. If the Website is
discontinued, suspended, withdrawn or modified, you will not be
entitled to any compensation or other payment.
23. Effect of termination
23.1 Upon termination of these Terms and Conditions, any
obligation to provide customer support will immediately cease.
23.2 Under no circumstances will you have any claim against us for
compensation for loss of rights, loss of goodwill, or any other loss
arising from the termination of these Terms and Conditions for any
reason whatsoever.
23.3 Termination of these Terms and Conditions will not affect any
other rights that may have accrued and will not affect any provisions
of these Terms and Conditions that, in accordance with their terms,
are intended to continue or come into force thereafter. Paragraphs
17 (Liability) and 18 (Indemnity) will survive termination of these
Terms and Conditions.
24. General provisions24.1 You may not assign any of your rights under these Terms and
Conditions.
24.2 The rights, powers, and remedies provided for in these Terms
and Conditions are (except as expressly provided) cumulative and
not exclusive of any rights, powers, and remedies provided by
statute or otherwise.
24.3 We outsource the hosting of the Website to a third party.
24.4 If the validity or enforceability of any provision of these Terms
and Conditions is in any way limited by any applicable law, that
provision will be valid and enforceable to the fullest extent permitted
by that law. The invalidity or unenforceability of any such provision
will not affect the validity or enforceability of any other provisions.
24.5 The failure to exercise, or delay in exercising, any right, power,
or remedy provided for in these Terms and Conditions or by law
shall not constitute a waiver of such right, power, or remedy. Our
waiver of any breach of any provision of these Terms and
Conditions shall not operate as a waiver of any subsequent breach
of that provision or as a waiver of any other provision.
24.6 The exercise of either party's rights under these Terms and
Conditions is not subject to the consent of any third party.
24.7 These Terms and Conditions are for the benefit of us and you
and are not intended to inure to the benefit of or be enforceable by
any third party.
25. Applicable law
25.1 These Terms and Conditions, their subject matter and
formation (and any non-contractual disputes or claims) shall be
governed by and construed in accordance with the laws of Hong
Kong.
25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or in connection with
these Terms and Conditions, including the existence, validity,
interpretation, performance, breach or termination thereof, or any
dispute relating to non-contractual obligations arising out of or in
connection with these Terms and Conditions, shall be submitted to
and finally determined by arbitration administered by Hong Kong in
force at the date of the filing of the notice of arbitration. The law
governing this arbitration clause shall be the laws of Hong Kong.
The seat of the arbitration shall be Hong Kong. The number of
arbitrators shall be one. The arbitration shall be conducted in
English.
26. Interpretation
26.1 In these Terms and Conditions: "Contract" means your order
for a Product or Products in accordance with these Terms and
Conditions, which we accept in accordance with paragraph 4.3;
"Customer" means any natural person who places an Order on
the Website;
"Delivery Address" means the delivery address as specified in
the relevant Order; "
Estimate Delivery Date " means an estimated delivery date of an
Order;
"Force Majeure Event" means any event or circumstance which
causes us to be unable or delayed in performing any obligation
under these Terms and Conditions and which results from a cause
beyond our reasonable control and not due to our failure to use
reasonable care to prevent such failure or delay, and includes war
or threat of war; acts of God; natural or nuclear disasters; riot or civil
commotion; pandemics; terrorist acts; malicious damage; fire or
flood; Compliance with a new law or order of a governmental or
judicial authority; closure of airports or ports; or commercial
disputes unrelated to the party affected by the event or condition
causing the cessation or slowdown of work;
"Indemnified Parties" means us, any affiliated company, and their
respective officers, employees, contractors, and agents.
"Intellectual Property Rights" means all intellectual property
rights, including patents, trademarks, design rights, copyrights,
database rights, trade secrets, and all rights of a similar nature;
"Order" means the order submitted by you via our Website to
purchase one or more Products from us;
"Order Confirmation" means our email to you confirming your
order in accordance with paragraph 4.3;
"Payment Intermediaries" means any third-party payment
processing service providers used by us;
"Product" means a product offered on our Website;
"Website" means the Website;
"Website Infrastructure" means all of our systems (including
code) that enable, provide, or describe the Website;
26.2 References to "paragraphs" refer to paragraphs of these Terms
and Conditions.
26.3 Headings are for convenience only and shall not affect the
interpretation or construction of these Terms and Conditions.
26.4 Words expressing the singular include the plural and vice
versa. Words expressing a gender include either gender, and
references to persons include individuals, companies, corporations,
firms, or partnerships.
Please email us if you have any questions or concerns about these
Terms and Conditions, the Website, or the Products.
Mode Galerie Limited - UNIT 1005, 10/F, BOSS COMMERCIAL CENTRE, 28 FERRY STREET, YAU MA TEI, HONG KONG, Company number: 75791642