General terms & conditions
Accessories & Style Ltd.
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 a natural person and are at least 18 years of age;
(b) you have the authority to enter into a legally binding contract with us; and
(c) you are not prevented by applicable law or contract from entering into a legally binding contract with us.
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 are not:
(a) have been convicted of a computer or internet related crime; and
(b) have refused any Products or access to the Website in the past.
2.4 We reserve the right to refuse you access to our Website if we deem such refusal necessary or appropriate.
2.5 Placing an order means:
(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 these Terms and Conditions;
(c) your agreement that any order confirmation will be made solely on the basis of these Terms and Conditions; and
(d) your undertaking to us to 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 information to or through our Website; or
(b) purchase a Product.
2.8 By visiting our Website, purchasing Products or agreeing to these Terms and Conditions:
(a) you also agree to our Privacy Policy; and
(b) you agree to and undertake 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 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 only use the Website to purchase Products for your own personal and non-commercial use, as principal and not as agent or on behalf of any other person.
4 Price
4.1 The prices for Products quoted on our Website include delivery charges but exclude all duties, taxes, customs, levies or similar governmental charges (“duty unpaid and untaxed”).
4.2 All duties, fees, customs, taxes or other governmental charges and declarations for the importation of the Products to the delivery address are your responsibility and will be borne by you and are not included in the price of the Products. For all deliveries, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. In addition to the shipping costs, this also includes costs for customs duties or import sales tax, as the goods are shipped from a non-EU country (China), whether customs duties are incurred 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 to be borne by 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 duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, please check your country's customs duties and import sales taxes before placing your order. The buyer is obliged to fully verify compliance with all laws and regulations of the importing country upon receipt of the goods.
4.3 We will use our best endeavors to ensure that all details, descriptions and prices of Products appearing on our Website are correct. However, there may be instances 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 delivery of your order and charge or refund you the amounts as set out in our notification to you shortly after receiving your reconfirmation of your order by the form of payment and payment method you used to place the order.
4.4 We are not obliged to fulfill an Order if the price quoted 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 Placing an order
5.1 Once you have placed an order, all orders are subject to stock availability. If we have sufficient stock to fulfill your order, you will receive an Order Confirmation, which will act as our acknowledgement of receipt of your order. In the event of delivery difficulties or unavailability of stock to fulfill your order, we will notify you by email and refund any payments made for the order.
5.2 A contract will only be formed when we have issued you with an Order Confirmation and only in respect of the Product(s) contained in the Order Confirmation. These Terms and Conditions form part of the Contract and are incorporated into it to the exclusion of all other terms and conditions.
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 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 to any third party for the removal of any product from our Website or the editing or removal of any material or content from our Website.
5.5 We reserve the right to refuse or reject any order placed by you at any time (including after we have sent an order confirmation). We cannot be held liable to you or any third party for canceling or rejecting an order.
5.6 If we cancel your order after we have received payment (and also after we have sent an Order Confirmation), payment for the order will be refunded to you in full.
6 Payment
6.1 You can pay for the Products using one of the payment intermediaries listed on our Website.
6.2 You may also pay for all or part of your order using a promotional voucher provided by us. Promotional vouchers can only be entered online at the checkout.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may disclose documents and information about you to 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 defaults or problems caused by the Payment Intermediaries.
6.5 You are responsible for providing complete and accurate details in the payment process and all payments must be paid with your own funds. By placing an order you confirm that:
(a) the payment method used for the payment is yours;
(b) if applicable, you are the rightful owner of the promotional voucher; and
(c) you have sufficient funds or credit facilities to pay for the relevant order.
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 such cards have been reported stolen. We are entitled to notify all relevant 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 payment you have made in respect of Products.
6.8 You will fully indemnify us and keep us fully indemnified in respect of any chargebacks or reversals of payments made by you and in respect of any losses, costs, liabilities or expenses incurred by us arising out of or in connection with such chargebacks or reversals.
7 Delivery
7.1 We will endeavor to deliver your order to the delivery address specified when you place your order.
7.2 We will provide an estimated delivery date when you checkout your order.
7.3 We may notify you if we are unlikely to be able 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 extent permitted by law.
7.4 We may not be able to deliver Products to certain locations. In this case, we will inform you and arrange for the order to be canceled and refunded or for the order to be delivered to another delivery address confirmed by you.
7.5 All risk in the Product will pass to you on delivery to the delivery address, unless delivery is delayed due to a breach of your obligations under these Terms and Conditions. Risk will pass at the time when delivery would have taken place but for your breach.
7.6 If you are unable to accept delivery or collection of your order, we may leave a card giving you instructions for redelivery or collection by the carrier.
7.7 If delivery or collection is delayed by your unreasonable refusal to accept delivery or if you fail to accept delivery or collect your order from the carrier, we may charge you for all charges 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 receipt of payment. The standard delivery time is 7-12 working days, in exceptional cases up to 4 weeks, unless otherwise stated in the item description. The owner does not ship directly. The order will be dispatched by the manufacturer as soon as the entire order is in stock.
7.9 All duties, fees, customs, taxes or other governmental charges and declarations for importing the Products to the delivery address are your responsibility and will be borne by you and are not included in the price of the Products. For all deliveries, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. In addition to the shipping costs, this also includes costs for customs duties or import sales tax, as the goods are shipped from a non-EU country (China), whether customs duties are incurred 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 to be borne by 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 duties and/or import VAT and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, please check your country's customs duties and import sales tax before placing your order. The buyer is obliged 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 via our website, you may cancel or amend 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, there may be longer transit times over which we have no control. If the item(s) are already on their way to you, it is not possible to cancel. Please wait until you have received the goods and send them back to us. Of course, you can still inform us in advance of your withdrawal. In order to guarantee the fastest possible return shipment, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not been received.
8.3 As we work with a fully automated system, orders are triggered as soon as they are sent. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so that 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 made to measure to meet your specific requirements.
9.2 All product descriptions, information and materials provided on the Website are provided “as is” and without any express or implied warranties or other representations.
9.3 The images of the Products may differ slightly from the actual Product you receive.
9.4 If the product you receive is faulty, you can send us an email informing us of the product to be returned and enclosing a picture of the faulty product.
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 of delivering 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 faulty Product to us. We will pay this amount to you by payment to the account from which we received the payment and using the same payment method.
9.9 If we determine that the Product is not faulty, we may, at our sole discretion, decide not to refund you the purchase price for the Product and we may require you to pay all reasonable service charges and set these off against 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 under this paragraph to the extent permitted by law.
10 Returns and refunds
10.1 Our Returns Policy forms part of these Terms and Conditions on the basis of which you may access and use our Website.
10.2 If you are not completely satisfied with your order, you can send an email informing us of the product to be returned and send the product back to us. The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last product.
10.3 Return shipment and costs are to be borne and paid by the customer.
10.4 The product must be received by us in order for the customer to be entitled to a refund. We will inspect the returned product on arrival.
10.5 You will ensure that the product is sent to us in the same condition as it was received by you 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 not to accept the return of the product.
10.6 Our processing time for returns will depend on your order.
10.7 If we are satisfied with the condition of the returned product, we will send you an email approving your return. A refund will be issued to the payment method used for the order shortly after we have sent you notification that your return has been approved.
10.8 The withdrawal is complete when we have received the physical goods.
10.9 As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the goods are already on their way to you, a withdrawal is not possible. Please wait until you have received the goods and send them back to us. Of course, you can still inform us in advance of your withdrawal. In order to guarantee the fastest possible return shipment, we ask you to send us a shipping 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 may use our promotional vouchers or discounts while making payment 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 After entering and applying the voucher or discount code, 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 of a promotional voucher does not bear interest and has no cash value.
11.6 If the balance of a Promotional Voucher is insufficient to cover your order, you may pay the difference using a separate payment method available on the Website.
11.7 If you use a Promotional Voucher for an order that has been returned, the value of the Promotional Voucher will not be refunded to you. However, if you have paid a portion using a separate payment method, this portion may be refunded.
12 Permitted use
12.1 You may not (“Prohibited Acts”):
(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) carry out 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 website using a robot, spider or other automated means;
(f) violate the guidelines set out in the robots.txt file for our website;
(g) use the information collected from our website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);
(h) use the information collected from our website to contact individuals, companies or other persons or entities;
(i) use or direct you to use the Website to interact with any device, unless you are specifically authorized to do so;
(j) directly or indirectly use the Website's infrastructure to initiate, propagate, participate in, direct or attempt to hack attacks or send bandwidth-hogging, malicious or potentially harmful network messages to any device, whether or not owned by us;
(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 Website (whether to create derivative works of the source code or otherwise);
(l) use or access the Website to create a similar or competing product or service, or to provide a benchmarking or comparative study of products to any third party;
(m) sell, assign, sublicense, transfer, distribute or lease your access to the Website;
(o) make the Website available to any third party over a private computer network;
(p) edit or otherwise modify any content or paper or digital copies of materials printed or copied from our Website in any way;
(q) use the Website in any manner prohibited by any laws or regulations governing the use of the Website
(r) make unauthorized requests or place unauthorized orders; or
(s) place speculative, false or fraudulent orders.
12.2 You acknowledge that you will be liable to us for any damages, losses, liabilities, costs or expenses suffered or incurred by us 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 reasonably practicable after you become aware of any person carrying out a Prohibited Activity. You will provide us with reasonable assistance in any investigation we may carry out based on the information you provide to us in this regard.
12.4 You must ensure that any 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 violate the privacy, personal data protection, 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 in order 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 in relation to your use of the Website and it is your sole responsibility to ensure that you comply with them, whether these are based on your country of residence, the location from which you access the Website or otherwise.
12.7 Please email us if you become aware of any material or activity on our Website that breaches 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 interpreted as a recommendation or endorsement by us of those linked websites or resources or the information you obtain from them.
13.2 You acknowledge and agree that we have no rights or control over the content of any other website or resource linked to or from 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 Site on any website that is not owned by you.
13.6 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
13.7 We reserve the right to withdraw linking permission without notice.
13.8 The website to which you are linking 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 approval for any link to our Website that 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 and in the content and material published on it. These works are protected by applicable laws and treaties around the world. All such rights are reserved.
14.3 You may only use the Website and any content on the Website 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 intellectual property rights belonging to us.
14.5 You are not permitted to use our trade marks without our prior written permission unless they form part of material which you use (and reproduce accurately) in accordance with paragraph 13.
15 Privacy
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 specific safeguards are appropriate or otherwise agreed in writing, information and documents generated in the course of the sale of the Products may be shared by us and, in particular, such information and documents may be accessible in electronic form to any of our employees, officers, consultants or agents.
16 Viruses
16.1 We do not guarantee that our Website will be secure or free from bugs 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 Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
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 breached the provisions of this paragraph 16, your right to use our Website will cease immediately. We may report any breach to the relevant law enforcement authorities and will do so if required to do so by applicable law.
17 Liability
17.1 Subject to paragraph 17.13, we disclaim all liability to the fullest extent permitted by law and accept no responsibility for any loss suffered by you or any other person as a result of:
(a) Third Party Content or User Content;
(b) our content, and in particular the accuracy, completeness or timeliness of our content;
(c) the products, and in particular the quality, images, description or specifications, conformity to description and fitness for a particular purpose of the products;
(d) reliance on any information contained in these terms and conditions or on our website, or on any functionality provided in these terms and conditions or on our website;
(e) inability to access the Website or any part of it, or access is interrupted or partial at any time or operates with errors; and
(f) any failure or delay by us in performing any obligation, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control and includes telecommunications failures, power failures, terrorism, fuel strikes, severe weather, computer failures, supplier delivery failures, industrial disputes and absence of personnel due to illness or injury, and the time for performance of any obligation the performance of which is so affected shall be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss of profit, loss of business opportunity, loss of goodwill, loss of savings or advantage or for any indirect, special or consequential loss or damage, even if such loss or damage was reasonably foreseeable or the party concerned knew of the possibility of such loss or damage arising.
17.3 Our liability arising directly or indirectly under these Terms (including your purchase of Products from us under these Terms) or which is not otherwise expressly excluded under these Terms will be limited to the greater of US$1000 or a multiple of five times the price you paid for the Products giving rise to the liability and will be limited to that amount. The amount of this limitation of liability will be reduced by the amount of any unpaid sums owed by you to 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 and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied warranties of satisfactory quality, conformity to description and fitness for purpose) are excluded to the fullest extent permitted by law.
17.7 No claim may be made against us (including our employees, officers or consultants) other than for an 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 clause 17 apply to our total liability to you (including any other third party to whom we may be liable with or without our consent) in respect of any claim, and you and all such other persons together may only be sued by us once in respect of the same claim.
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 applying to you, any group company to which you belong and all persons nominated by a corporate user.
17.10 If we are jointly and severally liable to you with any other party, we shall only be obliged to pay you the proportion that is reasonably attributable to our fault. We shall not be obliged to pay you the proportion attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability of us to you will be reduced by the proportion for which another 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 other party under the Civil Liability (Contribution) Ordinance or any similar law in any other relevant jurisdiction.
17.12 In considering whether other parties are liable to you, no account shall be taken of the fact that you are unable to pursue remedies against another party because actions against that party are time-barred, the party lacks the necessary resources, it relies on exclusions or limitations of liability or the other party no longer exists.
17.13 The exclusions and limitations of liability in these Terms and Conditions shall not affect our liability
(a) for death or personal injury caused by 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 under any other law or regulation relevant to the claim, in which case that minimum amount shall be deemed to be in substitution for the amount that would otherwise apply.
17.14 These provisions are an exhaustive list of the remedies available to either party or a third party against either party under or in connection with these Terms.
18 Indemnity
18.1 You will indemnify and hold the Indemnified Parties fully harmless on demand from and against all claims, costs and losses of any nature whatsoever 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 disregard of 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 an 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 the Terms and Conditions immediately by 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 as to the solution we adopt to fully perform our obligations under these Terms and Conditions if a Force Majeure Event occurs.
20 Variations
20.1 We may vary these Terms and Conditions from time to time. We will notify you in advance 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 all 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 a revision of these Terms and Conditions before your first purchase of Products after the change comes into effect. If you do not give your express consent and agreement to the revised Terms and Conditions within the period specified by us, you must stop using the Website or purchasing our Products.
21 Your breach
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 do any of the following
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) stop processing any order;
(d) refuse to accept any payment from you;
(e) permanently deny you access to our website;
(f) block computers using your IP address from accessing our website;
(g) contact any or all of your internet service providers and ask them to block your access to our website; or
(h) take legal action against you, whether for breach of contract or otherwise.
21.2 If we suspend or prohibit or block your access to our Website or any part of our Website, you must not take any action to circumvent that suspension or prohibition or block.
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 cause and with or without notice.
22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to the Website if your use of the Website would cause or risk legal liability of any kind or would interfere with the use of the Website by others.
22.4 If we suspend or terminate your access to the Website, we will try to notify you in advance. 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 be uninterrupted. We may discontinue, suspend or 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. You will not be entitled to any compensation or other payment if the Website is discontinued, suspended, withdrawn or modified.
23 Effect of termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide Customer Support will cease immediately.
23.2 Under no circumstances will you be entitled to any compensation from us for any 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 shall be without prejudice to any other rights which have already accrued and shall not affect the provisions of these Terms and Conditions which by their terms shall thereafter apply or come into force. Paragraphs 17 (Liability) and 18 (Indemnity) shall survive termination of these Terms and Conditions.
24 General provisions
24.1 You may not assign any of your rights under these Terms and Conditions.
24.2 The rights, powers and remedies provided in these Terms are (unless expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law 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 limited in any way by any applicable law, that provision shall be valid and enforceable to the fullest extent permitted by that law. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any other provision.
24.5 The failure to exercise or delay in exercising any right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms and Conditions, this will not be deemed to be a waiver of any subsequent breach of that provision or a waiver of any breach of any other provision.
24.6 The exercise of the parties' rights under these Terms and Conditions is not subject to the consent of any third party.
24.7 These Terms and Conditions are for our and your benefit and are not intended to inure to the benefit of, or be enforceable by, any third party.
25 Governing law
25.1 These Terms and Conditions, their subject matter and their 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 referred to and finally resolved by arbitration administered by UK law in force at the time the Notice of Arbitration is submitted. The law of this arbitration clause shall be the law of the UK. The seat of arbitration shall be the UK. The number of arbitrators shall be one. The arbitration shall be conducted in the English language.
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 clause 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
“Estimated Delivery Date” means an estimated delivery date of an Order
“Force Majeure Event” means any event or circumstance which results in our failure to perform or delay in performing any obligation under these Terms and Conditions and which resulting from a cause beyond our reasonable control and not attributable to our failure to take reasonable care to prevent such failure or delay and includes war or threat of war; act of God; natural or nuclear disaster; riot or civil commotion; pandemic; act of terrorism; malicious damage; fire or flood; compliance with a new law or order of a governmental or judicial authority; closure of airports or ports; or trade disputes unrelated to the party affected by the event or condition causing the suspension or slowdown of work;
“Indemnified Parties” means us, any Affiliate 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 a Product or Products from us;
“Order Confirmation” means our email to you confirming your order in accordance with clause 4.3
“Payment Intermediary” means any third party payment processing service provider used by us;
“Product” means a product offered on our Website
“Website” means the Website;
“Website Infrastructure” means all our systems (including code) that enable, provide or describe the Website;
26.2 references to “paragraphs” are 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 any 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.