Terms and Conditions

MODE BOUTIQUE LIMITED - 50 Stanley Street, World Trust Tower, Suite C, Level 7, Central, 999077, Hong Kong

1. Introduction

1.1 These Terms and Conditions will apply to use our Website or purchase of Products offered through our Website.

1.2 Defined terms and interpretation 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 and you are 18 years old or older;

(b) you have the authority to enter into a legally binding contract with us; and

(c) you are not barred under any applicable laws or contracts from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation regarding your authority to agree to these Terms and Conditions.

2.3 You represent and warrant that you have not been:

(a) convicted for any computer or internet related crime; and

(b) refused Products or access to the Website in the past.

2.4 We reserve the right to refuse access to you of our Website if we consider such refusal necessary or appropriate.

2.5 Place an Order constitutes:

(a) your representation and warranty that you have read these Terms and Conditions carefully and in their entirety;

(b) your offer to make your purchase of the Order in accordance with these Terms and Conditions exclusively;

(c) your acceptance that any Order Confirmation will be 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 Products.

2.7 You must expressly agree to these Terms and Conditions to:

(a) submit information to or via 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 and consent to our Privacy Policy and

(b) you consent and agree to comply with our Acceptable Use policy (see paragraph 12 below for further details).

2.9 We recommend 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 use the Website to purchase Products for your own personal and non-commercial use only, as principal and not as agent or on behalf of any other person.

4. Price

4.1 Prices for Products quoted on our Website include delivery costs, but exclude all charges, tax, customs, levies or similar governmental charges ("duty unpaid and untaxed").

4.2 All duties, charges, customs, taxes or other governmental charges and declarations for importing the Products to the Delivery Address will be your responsibility and borne by you and are exclusive of prices of Products. For all deliveries, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include costs in addition to the shipping costs, customs duties or import sales tax may also be incurred, as the goods are shipped from a non-EU country (China), whether customs duties are incurred for a product is to be clarified with our customer support 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 customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As the rules for importing goods vary from country to country, please check the customs duties and import VAT of your country before placing your order. The buyer is obliged to fully check compliance with all laws and regulations of the importing country upon receipt of the goods.

4.3 We will use our best efforts to ensure that all details, descriptions and prices of Products that appear on our Website are accurate. However, there may be instances were errors may occur. If we discover that an error in price has occurred, we will inform you as soon as possible and provide you the option of reconfirming your Order at the correct price or cancelling 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 cancelled and you will receive a full refund. If you choose to reconfirm your Order, we will arrange to deliver your Order and we will charge or refund any amounts as stated in our notification to you shortly after receiving your reconfirmation of your Order by the form of payment and payment method used to place the Order.

4.4 We are under no obligation to fulfil an Order if the price listed 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 any Order of which an Order Confirmation has been sent.

5. Placing 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 act as our acknowledgment of receipt of your Order. In the event of supply difficulties or unavailability of stock to fulfil your Order, we will notify you by email and we will refund any payments made for the Order.

5.2 A Contract is formed only if we have issued an Order Confirmation to you 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 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 removing a Product from our Website or editing or removing any materials or content from our Website.

5.5 We reserve the right to refuse or reject an Order made by you at any time (even after we have sent an Order Confirmation). We will not be held liable to you or a third party for cancelling or refusing to accept an Order.

5.6 If we cancel your Order after we have received payment (and even after we have sent an Order Confirmation), the payment for the Order will be fully refunded to you.

6. Payment

6.1 You may pay for Products by using any Payment Intermediary listed on our Website.

6.2 You may also pay all or part of your Order using a promotional voucher provided by us. Promotional vouchers may only be entered online upon checkout.

6.3 We may use Payment Intermediaries to process any payment between you and us. You consent that we may provide 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 a money service operator and are not responsible for any payment failures or issues caused by the Payment Intermediaries.

6.5 You are responsible for providing complete and accurate information in the payment process and any payments must be paid by your own funds. By placing and order you are confirming that:

(a) the payment method used to make the payment belongs to you;

(b) if applicable, you are the legitimate holder 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 unauthorised use by any third party of your credit, debit or prepaid cards, even if those cards were reported stolen. We may inform any competent 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 indemnify us fully, and keep us fully indemnified, in respect of any chargebacks or reversal of payments made by you, and any loss, cost, liability or expense incurred by us arising from or in connection any such chargeback or reversal.

7. Delivery

7.1 We aim to deliver your Order to you at the Delivery Address provided upon placing your Order.

7.2 Upon checkout of your Order, we will provide an Estimated Delivery Date.

7.3 We may notify you if we expect to be unable to meet the Estimated Delivery Date, but we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, to the extent permitted by law.

7.4 We may not be able to deliver Products to some locations. In which event, we will inform you and we will arrange to cancel and refund the Order or deliver the Order to another Delivery Address as confirmed by you.

7.5 All risk in the Product will pass to you upon delivery to the Delivery Address, except if delivery is delayed due to a breach of your obligations of these Terms and Conditions. Risk will pass at the date when delivery would have occurred but for your breach.

7.6 If you are not available to accept delivery or collection of your Order, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

7.7 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect your Order from the carrier, we may charge you for any fee and other costs reasonably incurred by us to return the Order back to the sender, without prejudice to any other rights or remedies available to us.

7.8 The goods will be dispatched within 2-120 days after confirmed receipt of payment. The standard delivery time is 20-30 working days, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The owner does not ship directly. The order is shipped by the manufacturer as soon as the entire order is in stock there.

7.9 All duties, charges, customs, taxes or other governmental charges and declarations for importing the Products to the Delivery Address will be your responsibility and borne by you and are exclusive of prices of Products. For all deliveries, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include costs in addition to the shipping costs, customs duties or import sales tax may also be incurred, as the goods are shipped from a non-EU country (China), whether customs duties are incurred for a product is to be clarified with our customer support 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 customs duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As the rules for importing goods vary from country to country, please check the customs duties and import VAT of your country before placing your order. The buyer is obliged to fully check compliance with all laws and regulations of the importing country upon receipt of the goods.

8. Cancellation or change Orders

8.1 Once an Order has been made through our Website, you may cancel or change your Order by emailing us.

8.2 Once an Order has been packaged, it may not be cancelled or changed and the Order must instead 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 product(s) 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 inform us of your cancellation in advance. In order to guarantee you the fastest possible return, we ask you to send us a confirmation of dispatch. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods are not received.

8.3 As we work with a fully automated system, orders are initiated immediately after placement. We are therefore unfortunately unable to interrupt the shipping process until delivery, so a refund before receipt of the goods is only possible up to 24h after placing an order.

9. Faulty Products

9.1 You acknowledge that the Products are standard and are not made bespoke to fit any particular requirements that you may have.

9.2 All Product descriptions, information and materials stated on the Website are provided ‘as is’ and without express or implied warranties or otherwise.

9.3 Products images may slightly differ from the actual Product that you receive.

9.4 If the Product you receive is faulty, you may send an email informing us of the Product to be returned and a picture of the faulty Product.

9.5 You may return the Product to us in accordance with paragraph 10.

9.6 We will examine the Product on receipt. Our processing time will vary depending on your Order.

9.7 We will send an email notifying you if we are satisfied that the Product is faulty.

9.8 Our sole liability to you in respect of faulty Products is to either (at our sole discretion):

(a) replace the Product and pay the delivery costs for delivering the Products to the Delivery Address, for which you must return the faulty 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 returning the faulty Product to us. We will pay this amount to you by payment to the account from which we received payment, and by the same payment method.

9.9 If we determine that the Product is not faulty, we may at our discretion decide not to refund you for the Product and we may require you to pay all reasonable servicing costs and charge this to the form of payment used to place the Order. We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result of this paragraph, to the extent permitted by law.

10. Returns and Refunds

10.1 Our Return Policy forms part of these Terms and Conditions on which you may access and use our Website.

10.2 If you are not completely satisfied with your Order, you may send an email informing us of the Product to be returned and return the Product to us. The revocation period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

10.3 Return shipping and costs are to be covered and paid for by the Customer.

10.4 The Product must be received by us in order for a Customer to be eligible for a refund. We will inspect the returned Product upon arrival.

10.5 You will ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. The Product must be un-used, Product tags must not be tampered with and the Product must be in its original packaging. If that a Product is returned to us in an unsuitable condition, we reserve the right to not accept the return of the Product.

10.6 Our return processing time will vary depending on your Order.

10.7 If we are satisfied with the condition of the returned Product, we will send an email to you approving your return. A refund will be issued shortly to the form of payment used to place the Order after we have sent you a notification of approval of your return.

10.8 The revocation is complete when the physical goods have been received by us.

10.9 As our goods are shipped from Asia, there may be longer transit times over which we have no control. If the product(s) 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 inform us of your cancellation in advance. In order to guarantee you the fastest possible return, we ask you to send us a confirmation of dispatch. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods are not 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 at the checkout page of our Order.

11.3 Upon entering and applying the voucher code or discount code, the voucher or discount will be reflected in the total of your Order on checkout.

12.4 You may redeem or use only one promotion voucher or discount per Order.

11.5 The credit of a promotional voucher does not accrue interest or have a cash value.

11.6 If the credit of a promotional voucher is insufficient for your Order, you may pay the difference by separate payment method available on the Website.

11.7 If you use a promotional voucher for an Order that has been returned, you will not be refunded the value of the promotional voucher. However, if you paid partly from a separate payment method, this portion may be refunded.

12. Acceptable use

12.1 You must 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) 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 Website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our Website;

(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);

(h) use data collected from our Website to contact individuals, companies or other persons or entities;

(i) use or direct the Website to interact with any devices unless you are expressly authorized to do so;

(j) use any Website Infrastructure, directly or indirectly to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging 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 make any attempt to derive or access the structure or the source code from the Website (whether to create derivative works of the source code, or otherwise);

(l) use or access the Website in order to build a similar or competitive product or service or disclose to any third party any benchmarking or comparative study involving Products;

(m) sell, assign, sublicense, transfer, distribute or lease your access to the Website;

(o) make the Website available to any third party through a private computer network;

(p) edit or otherwise modify any content or paper or digital copies of any materials printed off or copied from our Website in any way;

(q) use the Website in a manner prohibited by any laws or regulations which apply to the use of the Website;

(r) make illegitimate enquiries or place illegitimate Orders; or

(s) place speculative, false or fraudulent Orders.

12.2 You acknowledge that you will be liable to us for any damage, loss, liability, cost or expense we suffer or incur that arises from or in connection with any Prohibited Act performed or allowed by you.

12.3 You undertake to notify us as soon as reasonably practicable after becoming aware of any person performing any Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct as a result of the information provided by you in this respect.

12.4 You must ensure that all the information you supply to us through our Website, or in relation to our Website or the Products:

(a) is true, accurate, current and complete, and is not misleading;

(b) complies with all applicable laws and regulations;

(c) does not infringe the privacy, personal data protection, confidentiality or intellectual property rights 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 all 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 are complete and accurate at all times.

12.6 You must comply with, and it is your sole responsibility to ensure you comply with, all applicable laws in respect of your use of the Website, whether based on your country of residence, place where you access the Website, or otherwise.

12.7 Please e-mail us with details you learn of any material or activity on our Website that breaches these Terms and Conditions.

13. Website linkage

13.1 Links from our Website to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Website should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them.

13.2 You acknowledge and accept that we have no right or control over the contents of other websites and resources that are linked from or referred to in 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 in 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 in 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 to seek our prior permission to any linkage to our Website that does not comply with this paragraph 13.

14. Intellectual Property Rights

14.1 The Website’s code, structure and organisation 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 its content and the material published on it. Those 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 all content from the Website for your personal and non-commercial use and in accordance with these Terms and Conditions. The content from the Website includes content in respect of the Products.

14.4 You agree to inform us of any suspected breach of Intellectual Property Rights belonging to us.

14.5 You are not permitted to use our trademarks without our prior written approval, unless they are part of material you are using (and reproducing exactly) as permitted under paragraph 13 above.

15. Privacy

15.1 Our Privacy Policy forms part of these Terms and Conditions on 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 give consent to our use of cookies for this purpose. More information about cookies is contained in our Privacy Policy.

15.3 If you provide us 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 unauthorised and unlawful processing and against accidental loss, destruction or damage.

15.4 Except where specific safeguards are appropriate or otherwise agreed in writing, information and documents arising as part of selling the Products may be shared among us and, in particular, such information and documents in electronic form may be accessible by all 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 programmes 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, Trojans, worms, logic bombs or other material that is malicious or technologically harmful.

16.4 You must not attempt to gain unauthorised 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 you have breached the provisions of this paragraph 16, your right to use our Website and will cease immediately. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.

17. Liability

17.1 Subject to paragraph 17.13, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from:

(a) third party content or user content;

(b) our content, and in particular from the accuracy, completeness or current status of our content;

(c) the Products, and in particular from the quality, images, description or specifications, conformity with description and reasonable fitness for purpose of the Products;

(d) reliance on information contained or functionality provided on, or through, these Terms and Conditions or our Website;

(e) inability to gain access to the Website or any part of it, or access is interrupted or partial, or functions with errors, at any time; and

(f) any failure by us to perform, or delay in performing, any obligations, 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 failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, 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) arising out of or in connection with these Terms and Conditions for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated 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 was aware of the possibility of that loss or damage arising.

17.3 Our liability arising directly or indirectly under these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions), or that is not otherwise expressly excluded under these Terms and Conditions, will be limited to and capped at the higher of US$1000 or a multiple of five times the price paid by you for the Products giving rise to the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts owed 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 cost.

17.5 Except to the extent that claims cannot be excluded or restricted by law, no claims 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 representatives 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 undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.

17.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission. One act or omission includes one 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 from any 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 are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from us only once in relation to the same loss.

17.9 Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of services or supply of Products by us, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.

17.10 If we have joint and several liability to you with another party we will only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.

17.11 Any liability due from us to you will be reduced by the proportion for which another party would have been found to be 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 similar law under any other relevant jurisdiction.

17.12 In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.

17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability:

(a) for death or personal injury arising from our negligence;

(b) for fraud or reckless disregard of professional obligations;

(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability and

(d) in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.

17.14 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms and Conditions.

18. Indemnity

18.1 You will on demand fully indemnify, and keep fully indemnified, the Indemnified Parties from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:

(a) any material breach of the provisions of these Terms and Conditions by you;

(b) any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms and Conditions; and

(c) your use of our Website.

18.2 We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.

19. Force Majeure Event

19.1 If a Force Majeure Event lasts more than one week, we may terminate the Terms and Conditions forthwith by written notice and without any liability other than a refund of the Product already paid by you and not delivered.

19.2 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under these Terms and Conditions if a Force Majeure Event occurs.

20. Variations

20.1 We may amend these Terms and Conditions from time to time. We will give you prior notice of major changes that we believe may adversely affect you. We will inform you of any changes to these Terms and Conditions. The Terms and Conditions in force from time to time will apply to your use of our Website and any Products offered via our Website.

20.2 If you do not agree to any revised Terms and Conditions, you must stop using our Website or purchasing our Products.

20.3 If you have given your express agreement and consent to these Terms and Conditions, we will ask for your express agreement and consent to any revisions of these Terms and Conditions before your first purchase of Products after the revision comes into effect. If you do not give your express agreement and consent to the revised Terms and Conditions within such period as we specify, you must stop using the Website or purchase 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:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(c) cease to process any Order;

(d) refuse to receive any payment from you;

(e) permanently prohibit you from accessing our Website;

(f) block computers using your IP address from accessing our Website;

(g) contact any or all your internet service providers and request that they block your access to our Website; or

(h) commence 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 a part of our Website, you must not take any action to circumvent that suspension or prohibition or blocking.

22. Termination and suspension

22.1 You can 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 this Website if your use of the Website would cause or risk causing legal liabilities of any kind, or otherwise disrupt others use of the Website.

22.4 If we suspend or terminates your access to the Website, we will try to notify you in advance. Nonetheless, we may, at our discretion, suspend or terminate your access to the Website immediately without prior notice.

22.5 We do not guarantee that our Website will always be available or be uninterrupted. We may stop, 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 upon the discontinuance, suspension, withdrawal or alteration of the Website.

23. Effect of termination

23.1 Upon termination of these Terms and Conditions any requirement to provide customer support will immediately cease.

23.2 You shall not, in any circumstances whatsoever, have any claim against us for compensation for loss of rights, loss of goodwill or any other loss whatsoever on termination of these Terms and Conditions for any cause whatsoever.

23.3 The termination of these Terms and Conditions is without prejudice to any other rights which have already accrued and will not operate to affect such provisions of these Terms and Conditions as in accordance with their terms are expressed to operate or to have effect thereafter. Paragraphs 17 (Liability) and 18 (Indemnity) will 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 and Conditions are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.

24.3 We subcontract 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 such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.

24.5 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms and Conditions or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms and Conditions, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a 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 benefit and your benefit, and are not intended to benefit 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) are 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 relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by Hong Kong in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

26. Interpretation

26.1 In these Terms and Conditions:

“Contract” means your Order of a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3;

“Customer” means any individual who places an Order on the Website;

“Delivery Address” means the delivery address as stated in the relevant Order;

“Estimated Delivery Date” means an estimated delivery date of an Order;

“Force Majeure Event” any event or state of affairs causing or resulting in a failure or delay for us to perform any obligation under these Terms and Conditions that is caused or results from a cause beyond our control that was not due, or substantially attributable, to any failure by us to exercise due diligence to prevent such failure or delay, and includes war or threat of war; an 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 government authority or judicial authority; closure of airports or ports; or trade dispute unrelated to the party affected by the event or state of affairs causing cessation of slow-down of work;

“Indemnified Parties” means us, each associated company and their respective officer, employees, contractors and representatives.

“Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature;

“Order” means the order submitted by you through our Website to purchase a Product or Products from us;

“Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with paragraph 4.3;

“Payment Intermediary” 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 our systems (including code) that facilitate, provide or describe the Website;

26.2 References to “paragraphs” are to paragraphs of these Terms and Conditions.

26.3 Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

26.4 Words imparting the singular shall include the plural and vice versa. Words imparting a gender will include every gender and references to persons shall include and individual, company, corporation, firm or partnership.

Please email us if you have any questions or concerns about these Terms and Conditions, Website or Products.