Terms and Conditions
Ecommerce Collective 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 clause 26.
2. Acceptance
2.1 You represent and warrant that:
(a) you are an individual and 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 any 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 have not:
(a) been convicted of any computer or internet related crime; and
(b) have denied Products or access to the Site in the past.
2.4 We reserve the right to deny you access to our website if we deem such denial necessary or appropriate.
2.5 Placing an order means:
(a) your representation and guarantee that you have read these Terms and Conditions carefully and completely;
(b) your offer to purchase the Order solely in accordance with these Terms and Conditions;
(c) your agreement that any order confirmation will be based solely on these Terms and Conditions; and
(d) your commitment 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) to purchase a Product.
2.8 By visiting our website, purchasing products, or agreeing to these Terms of Service:
(a) you also agree to our Privacy Policy; and
(b) you agree to and agree to abide by 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 agree that you will only use the Website to purchase Products for your own personal and non-commercial use, as principal, and not as an agent or on behalf of any other person.
4. Preis
4.1 The prices for Products stated on our website include the cost of delivery but exclude any fees, taxes, duties, levies or similar government levies ( "duty unpaid and untaxed") .
4.2 Any duties, fees, duties, taxes or other governmental charges and declarations for importation of the Products to the delivery address are your responsibility and borne by you and 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 the shipping costs, this also includes costs for customs duties or import sales tax, since the goods are being shipped from a non-EU country (China). Whether a product is subject to customs duties 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 any 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 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. 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. 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 let you know 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 reply from you, the order will be treated as canceled and you will be issued a full refund. If you choose to reconfirm your order, we will arrange for delivery of your order and charge or refund you,
4.4 We are under no obligation to fulfill an order if the price stated 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. When we have sufficient stock to fulfill your order you will receive an order confirmation which will serve as our acknowledgment 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 if we have issued you an Order Confirmation and only in relation to the Product(s) contained in the Order Confirmation. These general 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 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 site or the editing or removal of any material or content from our site.
5.5 We reserve the right to refuse or reject any order you have placed 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 refusal of an order.
5.6 If we cancel your order after we have received payment (and also after we have sent an order confirmation), you will be fully refunded the payment you made for the order.
6. Payment
6.1 You can pay for the Products using any of the payment brokers listed on our website.
6.2 You can also pay for your order in whole or in part with 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 share documents and information about you with the payment brokers, including documents and information containing your personal information.
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 is yours;
(b) if applicable, you are the legal holder of the Promotional Voucher; and
(c) you have sufficient funds or credit facilities to pay for the applicable 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 as stolen. We have the right to report any fraudulent payment or other unlawful activity to any relevant authority (including credit reference agencies).
6.7 You will not:
(a) issue or attempt to issue a chargeback in respect of any payment you have made for Products; or
(b) reverse any payments you have made in respect of any Products.
6.8 You will fully indemnify us in respect of any chargeback or reversal of payments made by you and in respect of any loss, cost, liability or expense incurred by us out of or in connection with any such chargeback or reversal, and we shall be fully indemnified indemnify.
7. Delivery
7.1 We endeavor to deliver your order to the delivery address specified when you placed your order.
7.2 When you check out your order, we provide an estimated delivery date.
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 loss, liability, cost, damage, fee or expense arising from any delay in delivery, to the fullest 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 an alternative delivery address that you have confirmed.
7.5 The entire risk of the Product passes to you upon delivery to the delivery address, unless delivery is delayed as a result of a breach of your obligations under these Terms and Conditions. The risk passes at the time 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 failure to take delivery or collect your order from the carrier, we may charge you for any charges and other costs reasonably incurred by us in returning the order to the Senders arise without prejudice to any other rights or remedies we may have.
7.8 The goods will be shipped within 2-20 days after confirmed 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 shipped from the manufacturer as soon as the entire order is in stock there.
7.9 Any duties, fees, duties, taxes or other governmental charges and declarations for importation of the Products to the delivery address are your responsibility and borne by you and 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 the shipping costs, this also includes costs for customs duties or import sales tax, since the goods are being shipped from a non-EU country (China). Whether a product is subject to customs duties 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 any duties and/or import sales 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 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. please check your country's customs duty and import 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. please check your country's customs duty and import 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 through our website, you can cancel or amend your order by emailing us.
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 clause 10 below. Since 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, cancellation is not possible. Please wait until you receive the goods and send them back to us. Of course you can still inform us in advance about your revocation. In order to guarantee you the fastest possible return, we ask you to send us a shipping confirmation.An early refund is possible no earlier than 16 weeks after receipt of the order if the goods have not been received.
8.3 Since we work with a fully automated system, the orders are triggered immediately after they are sent. Unfortunately, we 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 will not be custom made to meet your particular requirements.
9.2 All product descriptions, information and materials contained on the Website are provided "as is" and without warranties or representations of any kind, express or implied.
9.3 The images of the products may differ slightly from the actual product that you will receive.
9.4 If the product you receive is faulty, you can email us informing us of the product to be returned and attaching a picture of the faulty product.
9.5 You can return the product to us in accordance with clause 10.
9.6 We will inspect the product upon receipt. Our processing time depends on your order.
9.7 We will notify you by email if we believe that the product is defective.
9.8 Our only obligation to you in relation to any defective Product is to either (at our sole discretion):
(a) replace the Product and pay the delivery costs of having the Products delivered to the delivery address for which you returned the defective Product to us have to send it back 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 return the defective product to us. We will pay this amount to you by paying into the account from which we received the payment and using the same payment method.
9.9 If we determine that the product is not defective, we may, at our sole discretion, choose not to refund you the purchase price for the product and we may require you to pay any reasonable service charges using the payment method used to place the order to charge. We will not be liable to you for any loss, liability, cost, damage, fee or expense arising under 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 on the basis of which you are able to 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 sending the product back to us. The cancellation 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 goods.
10.3 Return shipment and costs are to be borne and paid for by the customer.
10.4 The product must have been received by us in order for the customer to be entitled to 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 in which you received it and that it is properly packed. The product must be unused, the product labels must not have been tampered with and the product must be in the 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 depends on your order.
10.7 If we are satisfied with the condition of the returned product, we will send you an email authorizing your return. A refund will be issued shortly to the payment method used for the order after we have sent you a notification that your return has been approved.
10.8 The revocation is complete when we have received the physical goods.
10.9 Since our goods are shipped from Asia, longer transit times may occur over which we have no control. If the goods are already on their way to you, cancellation is not possible. Please wait until you receive the goods and send them back to us. Of course you can still inform us in advance about your revocation. In order to guarantee you the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible no earlier than 16 weeks after receipt of the order if the goods have not been received.
11. Vouchers
11.1 You can use our promotional coupons or discounts while making payment for Products on the Website.
11.2 In order 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 reflected 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 earn any interest and has no cash value.
11.6 If the balance of a promotional voucher is insufficient for your order, you can settle 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, the value of the promotional voucher will not be refunded to you. However, if you paid part with a separate payment method, that part can be refunded.
12. Permitted Uses
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 any spyware, computer virus, trojan horse, worm, keystroke logger,
(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 a robot, spider or other automated means;
(f) violate the policies set out in the robots.txt file for our website;
(g) use information collected from our website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);
(h) use information collected from our website to contact any individual, company or other person or entity;
(i) use or instruct the Website to interact with devices, unless expressly authorized to do so by you;
(j) use, directly or indirectly, the infrastructure of the Website to initiate, propagate, participate in, direct or attempt to hack any attack or to send any bandwidth-hogging, malicious or potentially harmful network messages to any device, regardless of the type of attack , whether it belongs to us or not;
(k) copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt, directly or indirectly, to derive or access (whether to create derivative works of the source code) the structure or source code of the Website create, or otherwise);
(l) use or access the Website to create a similar or competing product or service, or provide a benchmarking or comparative study of Products to any third party;
(m) sell, assign, sublicense, transfer, distribute or rent your access to the Website;
(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 copy of any material printed off or copied from our website;
(q) use the Website in any way that is prohibited by any law or regulation applicable to use of the Website; (r)
make improper requests or place improper 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 arising out of or in connection with any prohibited act performed or permitted by you.
12.3 You agree to notify us as soon as reasonably practicable after becoming aware of any person engaging in any Prohibited Act. You will provide us with reasonable assistance in any investigation that we may be able to conduct based on the information you have provided in this regard.
12.4 You must ensure that any information you provide to us through or in relation to our website or the Products
is: (a) true, accurate, current, complete and not misleading;
(b) comply with all applicable laws and regulations
(c) violates the privacy, protection of personal data, confidentiality, or intellectual property rights or other rights of any person; and
(d) not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.
12.5 You will promptly provide us with any documents or other information that we request from you to verify your identity. You will promptly update any information you provide to us so that all of your information with us is complete and accurate at all times.
12.6 You must comply with, and it is your sole responsibility to ensure compliance with, all applicable laws in relation to your use of the Website, whether in your country of residence, the place where you access the Access website, or otherwise based.
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 construed as a recommendation or endorsement by us of those linked websites or resources or the information you may obtain from them.
13.2 You acknowledge and accept that we have no right or control over the content of other websites and resources linked from or referenced on 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 any way that suggests any form of association, approval or endorsement on our part where none exists.
13.5 You must not create a link to our website from any website that you do not own.
13.6 Our website must not be placed in frames 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 you link to 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 linking to our website which does not comply with this clause 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 around the world. All these 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 related 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 form part of material which you use (and accurately reproduce) in accordance with paragraph 13.
15. Privacy
15.1 Our Privacy Policy forms part of these Terms and Conditions by which you are able to 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, see our privacy policy.
15.3 If you provide us with your personal information, we will process that personal information in accordance with your instructions from time to time and we will take appropriate security measures to protect that personal information 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 out of the sale of the Products may be shared by us and in particular such information and documents may be shared in electronic form with all of our employees, officers, advisers or be accessible to representatives.
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 antivirus software.
16.3 You must not misuse our website by knowingly introducing viruses, trojan horses, 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 any of the provisions of this paragraph 16, your right to use our website will cease immediately. We may, and will, report any breach to the appropriate law enforcement authorities where required to do so by applicable law.
17. Liability
17.1 Subject to paragraph 17.13, to the fullest extent permitted by law, we disclaim 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 the accuracy, completeness or timeliness of our content;
(c) the Products, and in particular the quality, images, description or specifications, conformity with the description and reasonable fitness for a particular purpose;
(d) reliance on any information contained in these Terms of Service or on our website or any feature provided in these Terms of Service or on our website;
(e) the inability to access the website or any part of it, or access to it at any time is interrupted or partially or malfunctions; 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 the failure or delay is caused by a circumstance beyond our reasonable control and telecommunications failures, power outages, terrorism, fuel strikes, severe weather, computer failures, supplier 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 thus 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) for any loss of profits, loss of business opportunity, loss of goodwill, loss of savings or benefit, or any any kind of indirect, special, or consequential loss, even if such loss or damage was reasonably foreseeable or the relevant party knew of the possibility of such 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 will be limited to the greater of US$1000 or multiples of five times the price you paid for the products giving rise to liability and is limited to that amount. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts owed to us by you.
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 after the act or omission allegedly causing the loss or expense has to be asserted.
17.5 Except to the extent that any claim 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, advisers or other representatives who are employed by us involved in the fulfillment of the relevant obligations.
17.6 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, promises and obligations, whether by statute, common law, custom, trade usage, course of business or otherwise (including any implied warranties of satisfactory quality, conformity to description and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.
17.7 There can be only one claim against us (including our employees, officers or advisers) for any act or omission. An act or omission includes a series of related acts or omissions, the same act or omission on a related set of matters, or similar acts or omissions on a related set of matters, and includes any claim arising out of any matter.
17.8 The limitations in this clause 17 apply to our aggregate liability to you (including any other third party to whom we are liable, with or without our consent) in relation to any claim and you and each such other person may only act once in relation to it be claimed by us for the same damage.
17.9 Where a limitation of liability applies regardless of the amount, the limitation will apply to the entire provision of Services or delivery of Products by us and there will be no separate aggregate limitations of liability applicable to you, each group company to which you are a part and all of one Company users named persons apply.
17.10 If we are jointly and severally liable to you with another party, we are only obliged to pay you that proportion which is reasonably attributable to our fault. We shall have no obligation to pay you that portion which is due to another party's fault for which that other party would otherwise be liable.
17.11 Any liability we have 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 would have instituted proceedings or brought a claim against that other party under the Civil Liability (Contribution) Ordinance or similar law in any other relevant jurisdiction.
17.12 In considering whether other parties are liable to you, it should not be taken into account that you are unable to bring any remedy against another party because actions against that party are barred by the statute of limitations and that party does not have the necessary resources disclaimers or limitations of liability, or the other party no longer exists.
17.13 The exclusions and limitations of liability set out in these terms and conditions do 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 to limit the minimum amount required under the circumstances under any other law or regulation relevant to the claim; in which case this minimum amount shall apply as a substitute for the amount that would otherwise apply.
17.14 These provisions constitute an exhaustive list of the remedies that either party or a third party may have against either party under or in connection with these Terms.
18. Indemnification
18.1 You will, upon request, fully indemnify and hold the Released Parties harmless from and against any and all claims, costs and losses of any kind which the Released Parties suffer or may suffer and which arise out of or in connection with (a) any material breach of any of the provisions of
these Terms and Conditions by you;
(b) any fraud, negligence, wrongdoing or recklessness 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 any out-of-pocket expenses we reasonably incur in relation to any claim being indemnified and all such out-of-pocket 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 on written notice and without any liability other than a refund of the Product already paid for by you and not delivered.
19.2 We reserve our absolute discretion as to the solution we use to fully comply with our obligations under these Terms and Conditions should a Force Majeure Event occur.
20. Variations
20.1 We may change 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 currently valid General Terms and Conditions apply to your use of our website and all products offered via our website.
20.2 If you do not agree to the changed 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 of these Terms and Conditions prior to your first purchase of Products after the change has come into effect. If you do not provide your express consent and consent to the revised Terms and Conditions within the time 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 (a) send you one or more formal warnings
;
(b) temporarily suspend your access to our website;
(c) stop processing any order;
(d) refuse 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 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 suspend your access to our website or any part of our website, you must not take any action to circumvent such suspension or 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, for any or no 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 interfere with the enjoyment of the Website by others.
22.4 If we suspend or terminate your access to the Website, we will attempt to give you advance notice. However, 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 in the event of termination, suspension, withdrawal or modification of the website.
23. Effect of Termination
23.1 Upon termination of these Terms and Conditions any obligation to provide customer care shall cease immediately.
23.2 Under no circumstances shall you be entitled to compensation from us for any loss of rights, loss of goodwill or any other loss arising out of the termination of these Terms for any reason whatsoever.
23.3 Termination of these Terms and Conditions shall not affect any other rights which have already accrued and shall not affect any provision of these Terms and Conditions which by their terms are intended to apply or come into force thereafter. Paragraphs 17 (Liability) and 18 (Indemnification) shall survive any 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 for in these Terms and Conditions (except as expressly provided) are cumulative and not exclusive to the 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 restricted in any way by any applicable law, then 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 the other provisions.
24.5 Failure to exercise or delay in exercising any right, power or remedy provided for in these Terms or by law shall not constitute a waiver of that right, power or remedy. If we waive any breach of any provision of these Terms, it will not 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 dependent on the consent of any third party.
24.7 These Terms and Conditions are for our benefit and yours 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 formation (and any non-contractual dispute or claim) 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 any non-contractual obligations arising out of or relating to these Terms and Conditions shall be submitted to and finally decided in arbitration under the administration of UK in effect at the time the Notice of Arbitration is submitted. The law of this arbitration clause is UK law. The seat of the arbitral tribunal is UK. The number of arbitrators is one.
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 pursuant to clause 4.3;
"Customer" means any natural person who places an order on the Website;
"Shipping Address" means the shipping address as specified in the applicable Order;
"Estimated 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 delay in our ability to perform any obligation under these Terms and Conditions and which results from a cause beyond our control and is not attributable to that we have failed to use reasonable care to prevent any such failure or delay and includes war or threat of war; Force majeure; natural or nuclear disasters; riot or civil disturbance; pandemics; acts 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 commercial disputes unrelated to the party,
"Indemnified Parties" means us, each 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 you have submitted through our Website to purchase a Product or Products from us;
"Order Confirmation" means our email to you confirming your order in accordance with paragraph 4. 3 confirm;
"Payment Intermediary" means any third party payment processing service providers we use;
"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" relate to paragraphs of these Terms and Conditions.
26.3 Headings are for convenience only and have no bearing on 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 people include an individual, company, corporation, firm, or partnership.
Please email us if you have any questions or concerns about these Terms of Service, the Website or the Products.