Closing Sale
Closing Sale
Terms and Conditions
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 a natural person and at least 18 years of age; (b) you are authorised 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 and Conditions.
2.3 You represent and warrant that you have not: (a) been convicted of an offence relating to computers or the internet; and (b) previously been refused products or access to the Website.
2.4 We reserve the right to refuse you access to our Website if we consider such refusal necessary or appropriate.
2.5 Placing an Order means: (a) your representation and warranty that you have carefully and fully read these Terms and Conditions; (b) your offer to purchase the Order solely in accordance with these Terms and Conditions; (c) your agreement that any order confirmation is made solely on the basis of these Terms and Conditions; and (d) your agreement with us to be bound by these Terms and Conditions.
2.6 If you do not agree with these Terms and Conditions, you must not use the Website and must not purchase any Products.
2.7 You must expressly agree to these Terms and Conditions in order to: (a) provide 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 to our Privacy Policy; and
(b) you agree and undertake to comply with our acceptable use policy (see clause 12 below for more 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 with these Terms and Conditions, you cannot 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 on our Website include delivery charges but exclude any fees, taxes, duties, levies or similar governmental charges (“duty unpaid and untaxed”).
4.2 All duties, fees, levies, taxes or other governmental charges and declarations for the import of the Products to the delivery address are your responsibility and are at your expense and are not included in the price of the Products. Any deliveries may in individual cases result in additional costs for which the seller is not responsible and which are borne by the customer. In addition to shipping costs, these are costs for import duties or value added tax, since the goods are shipped from a non-EU country (China). You must consult with our customer service before placing the order whether customs duties apply to a product. Customs duties or import 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 correct payment of duties and/or import taxes and must fully comply with all laws and regulations of the country of import. As the rules for the import of goods differ from country to country, you must check the customs and import duties in your country before placing your order. It is the responsibility of the buyer, upon receipt of the goods, to fully ensure that all laws and regulations of the country of import have been complied with.
4.3 We will use our best efforts to ensure that all details, descriptions and prices of the Products appearing on our Website are correct. However, errors may occur. If we discover that a pricing error has been made, we will inform you as soon as possible and give 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 deemed cancelled and you will receive a full refund. If you choose to reconfirm your order, we will arrange delivery of your order and either charge you or refund you as set out in our notice to you, shortly after we have received your reconfirmation of your order, using the form and method of payment you used to place the order.
4.4 We are under no obligation to fulfil 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 Placing an order
5.1 Once 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 acts as our acknowledgement of your order. In the event of delivery problems or unavailability of stock to fulfil your order, we will notify you by email and refund any payments made for the order.
5.2 A Contract is only formed when we have sent you an Order Confirmation and only in respect of the Product(s) specified in the Order Confirmation. These Terms and Conditions form part of the Contract and are incorporated 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 shipments at different 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 shall not be liable to you or any third party for removing a Product from our Website or editing or removing material or content from our Website.
5.5 We reserve the right to refuse or reject any order placed by you at any time (even after we have sent an order confirmation). We shall not be liable to you or any third party for cancelling 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), we will refund your payment for the order in full.
6 Payment
6.1 You may pay for the Products via any of the payment intermediaries listed on our Website.
6.2 You may also pay for your order in full or in part using a discount 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 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 failed payments or issues 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 made with your own funds. By placing an order, you confirm that: (a) the method used for payment is your own; (b) where 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 are not liable or responsible for unauthorised use of your credit, debit or prepaid cards by third parties, even if such cards have been reported as stolen. We have the right to notify all relevant authorities (including credit reference agencies) of fraudulent payments or other unlawful activities.
6.7 You will not: (a) reverse or attempt to reverse any payment you have made in respect of Products; or (b) charge back any payment you have made in respect of Products.
6.8 You will fully indemnify and hold us harmless in respect of any chargebacks or reversals of payments made by you and 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 aim to deliver your order to the delivery address you provided when placing your order.
7.2 We will provide an estimated delivery date when you check out your order.
7.3 We may notify you if we expect not to be able to meet the estimated delivery date, but we shall not be liable to you for any loss, liability, cost, damage, charges or expenses caused by any late delivery to the extent permitted by law.
7.4 It is possible that we cannot deliver Products to certain locations. In this case, we will inform you and ensure that the order is cancelled and refunded or that the order is delivered to another delivery address confirmed by you.
7.5 All risk in the Product passes to you upon delivery to the delivery address, unless delivery is delayed due to your breach of your obligations under these Terms and Conditions. Risk shall pass at the time delivery would have taken place if you had not been in default.
7.6 If you are unable to receive or collect your order, we may leave a card with 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 do not accept or collect the order from the carrier, we may charge you all costs and other expenses we reasonably incur in returning the order 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 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 will be shipped by the manufacturer as soon as the entire order is in stock there.
7.9 All duties, costs, customs duties, taxes or other governmental charges and declarations for the import of the Products to the delivery address are your responsibility and are at your expense and are not included in the price of the Products. Any deliveries may in individual cases result in additional costs for which the seller is not responsible and which are borne by the customer. In addition to the shipping costs, these are costs for import duties or value added tax, since the goods are shipped from a non-EU country (China). You must consult with our customer service before placing the order whether customs duties apply to a product. Customs duties or import tax are not paid by us and are 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. As the rules for the import of goods differ from country to country, you must check customs duties and import VAT in your country before placing your order. It is the responsibility of the buyer, upon receipt of the goods, to fully ensure that all laws and regulations of the importing country have been complied with.
8 Cancellation or amendment of orders
8.1 Once an order has been placed via our website, you can cancel or change it by sending us an email.
8.2 Once an order has been packaged, it can no longer be cancelled 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 beyond our control. If the goods are already on their way to you, cancellation is not possible. Wait until you have received the goods and then return them to us. You may, of course, notify us of your cancellation in advance. To ensure the fastest possible return, we ask that you send us a confirmation of shipment. 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 activated immediately after dispatch. 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 24 hours after placing the order.
9 Defective products
9.1 You acknowledge that the Products are standard products and are not custom-made to meet your specific requirements.
9.2 All product descriptions, information and materials on the Website are provided “as is” and without warranties or other representations, express or implied.
9.3 Images of the Products may differ slightly from the actual Product you receive.
9.4 If the Product you receive is defective, you may send us an email informing us of the Product to be returned and attaching a photo of the defective Product.
9.5 You may 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 are satisfied that the Product is defective.
9.8 Our sole obligation to you in relation to defective Products is to (at our discretion):
(a) replace the Product and pay the delivery charges for delivery of the Products to the Delivery Address, in which case you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or
(b) pay you an amount equal to the price of the Product and the return of the defective Product to us. We will pay this amount to you by depositing it into the account from which we received payment, using the same payment method.
9.9 If we determine that the Product is not defective, we may, at our discretion, decide not to refund the purchase price of the Product to you and may require you to pay reasonable service charges and charge them to the payment method used for the order. We shall not be liable to you for any loss, liability, cost, damage, charges or expenses arising out of this clause to the extent permitted by law.
10 Returns and refunds
10.1 Our Return Policy forms part of these Terms and Conditions under which you may visit and use our Website.
10.2 If you are not completely satisfied with your order, you may send us 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 designated by you, who is not the carrier, has taken possession of the last Product.
10.3 Returns and return costs are the responsibility of the customer.
10.4 The Product must have been received by us for the customer to be entitled to a refund. We inspect the returned Product upon arrival.
10.5 You must ensure that the Product is sent back to us in the same condition in which you received it and that it is properly packaged. The Product must be unused, the labels of the Product must not have been tampered with, and the Product must be in its original packaging. If a Product is returned to us in 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 approving your return. After we have sent you a message that your return has been approved, the amount will soon be refunded to the payment method used for the order.
10.8 The return is completed when we have received the physical goods.
10.9 Since our goods are shipped from Asia, there may be longer transit times beyond our control. If the goods are already on their way to you, cancellation is not possible. Wait until you have received the goods and send them back to us. You may, of course, notify us of your cancellation in advance. To ensure the fastest possible return, we ask that you send us a confirmation of shipment. 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 when making payments for Products on the Website.
11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our order.
11.3 Once the voucher or discount code has been entered and applied, the voucher or discount will be reflected in the total amount of your order at checkout.
11.4 You may redeem or use only one promotional voucher or discount per order.
11.5 The balance of a promotional voucher does not bear interest and has no cash value.
11.6 If the balance of a Promotional Voucher is insufficient for your order, you may pay the difference via a separate payment method available on the Website.
11.7 If you use a Promotional Voucher for an order that is returned, the value of the Promotional Voucher will not be refunded to you. However, if you have paid part via a separate payment method, that part may be refunded.
12 Permitted use
12.1 You must not (“Prohibited Use”):
(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 for copying, storing, hosting, transmitting, sending, using, publishing or distributing any material which consists of (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;
(d) without our express written consent, conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in relation to our Website;
(e) access or otherwise interact with our Website using any robot, spider or other automated means;
(f) violate the rules 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 device unless you are expressly authorised to do so;
(j) use the infrastructure of the Website directly or indirectly to initiate, distribute, participate in, lead or attempt to hack, or send bandwidth-overloading, malicious or potentially harmful network messages to any device, whether ours or not;
(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or gain access to 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 provide any benchmarking or comparative study of products to a third party;
(m) sell, assign, sublicense, transfer, distribute or lease your access to the Website;
(n) make the Website available to third parties via a private computer network;
(o) edit or otherwise modify any content or paper or digital copy of any material printed or copied from our Website;
(p) use the Website in any way that is prohibited by any law or regulation applicable to the use of the Website;
(q) conduct unauthorised research or place an unauthorised order; or
(r) place speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable to us for all damage, loss, liability, costs or expenses suffered or incurred by us as a result of or in connection with a Prohibited Act done or permitted by you.
12.3 You agree to notify us as soon as reasonably possible after you become aware of any person committing a Prohibited Act. You will reasonably assist us in any investigation we may conduct as a result of information you provide in this regard.
12.4 You must ensure that all information you provide to us via our Website or in connection with our Website or the Products:
(a) is true, accurate, current and complete and not misleading;
(b) complies with all applicable laws and regulations; and
(c) does not infringe the privacy, data protection, confidentiality or intellectual property rights or other rights of persons; and
(d) is not offensive, harmful, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.
12.5 You must immediately provide us with all documents or other information we request in order to verify your identity. You must immediately update all information you provide to us so that all your information held by us is at all times complete and accurate.
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 such laws, whether based on your country of residence, the place where you access the Website or otherwise.
12.7 Email us if you discover material or activities on our Website that breach these Terms and Conditions.
13 Website links
13.1 Links from our Website to other websites and third-party resources are provided for information purposes 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 other websites and resources linked to or referred to on our Website.
13.3 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation.
13.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
13.5 You must not establish a link to our Website on any website that you do not own.
13.6 You must not frame our Website on any other site, nor may you create a link to any part of our Website other than the homepage.
13.7 We reserve the right to withdraw linking permission without notice.
13.8 The website from which you link must in all respects comply with the content standards set out in our acceptable use policy (see clause 12 above).
13.9 Please contact us to obtain our prior approval for any link to our Website that does not comply with this clause 13.
14 Intellectual property rights
14.1 The code, structure and organisation of the Website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our Website and in the content and material published on it. These works are protected worldwide by applicable laws and treaties. All such rights are reserved.
14.3 You may use the Website and all content on the Website only for your personal and non-commercial use and in accordance with these Terms and Conditions. The content of the Website includes content relating to the Products.
14.4 You agree to notify us of any suspected infringement of intellectual property rights belonging to us.
14.5 You may not use our trademarks without our prior written consent, unless they are part of material you use (and accurately reproduce) in accordance with clause 13.
15 Privacy Policy
15.1 Our Privacy Policy forms part of these Terms and Conditions under which you may visit and use our Website.
15.2 We use cookies on our Website. We also use cookies to check how our customers prefer to view our Website. By accepting these Terms and Conditions, you also agree 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 reasonable security measures to protect that personal data from unauthorised and unlawful processing and from accidental loss, destruction or damage.
15.4 Unless special precautions have been taken or otherwise agreed in writing, information and documents generated in the course of the sale of the Products may be shared by us and such information and documents may in particular be accessible in electronic form to our employees, officers, advisers 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 in order to access our Website. You should use your own virus protection software.
16.3 You must not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.
16.4 You must not attempt to gain 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 that you have breached any of the provisions of this clause 16, your right to use our Website will immediately cease. We may report any such breach to the relevant law enforcement authorities and will do so where required by applicable law.
17 Liability
17.1 Subject to clause 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 with description and reasonable fitness of the Products for any particular purpose;
(d) reliance on information in these Terms and Conditions or on our Website or on features offered in these Terms and Conditions or on our Website;
(e) the inability to access the Website or any part thereof, or that access is at any time interrupted or partial or operates with errors; and
(f) any failure or delay in the performance of an obligation by us, whether or not we have been notified in advance, where and to the extent that such failure or delay is caused by a circumstance beyond our reasonable control, including telecommunication failures, power outages, terrorism, fuel strikes, severe weather, computer failures, delivery problems by suppliers, labour disputes and staff absence due to illness or injury, and the period for performance of an obligation affected thereby 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 relevant party was aware of the possibility of such loss or damage.
17.3 Our liability arising directly or indirectly out of these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions) or not expressly excluded under these Terms and Conditions is limited to and capped at the higher of US$1,000 or a multiple of five times the price you paid for the Products giving rise to the liability. The amount of this limitation of liability is reduced by the amount of any unpaid sums you owe to us.
17.4 Any claim by a 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 costs.
17.5 Except to the extent that claims cannot be excluded or limited by law, you may not bring any claim personally against any of our employees, officers, advisers or other agents involved in the performance of the relevant obligations.
17.6 All representations or warranties, contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations arising by law, common law, custom, trade usage, course of dealing or otherwise (including implied warranties of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the extent permitted by law.
17.7 A claim may only be brought against us (including our employees, officers or advisers) as a result of one act or omission. One 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 aggregate liability to you (including any other third party to whom we may be liable with or without our consent) in relation to a claim and you and all such other persons together may only claim against us once in respect of the same loss.
17.9 Where a limitation of liability applies regardless of the amount, the limitation applies to the whole of the services or supply of products by us and there are no separate aggregate limits of liability applying to you, any group company of which you are part and any person nominated by a business user.
17.10 If we are jointly and severally liable to you with another party, we are only obliged to pay you that portion which is reasonably attributable to our fault. We are not obliged to pay you any part attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability of ours to you shall be reduced by the portion for which another party would have been liable had either: (a) you also brought proceedings or a claim against that other party; or (b) we brought proceedings or a claim against that other party under the Civil Liability (Contribution) Ordinance or similar law in any other relevant jurisdiction.
17.12 In assessing whether other parties are liable to you, no account shall be taken of your inability to pursue remedies against another party because actions against that party are time-barred, the party has insufficient means, the party 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 do not affect our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or reckless disregard of professional duty;
(c) for any other liability that cannot be excluded or limited in the jurisdiction to which a relevant claim relates, 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 relating to the claim, in which case that minimum amount shall be deemed to replace the amount that would otherwise have applied.
17.14 These provisions are an exhaustive statement of the remedies available under or in connection with these Terms and Conditions to either party or any third party against either party.
18 Indemnity
18.1 You shall, on demand, fully indemnify and hold the Indemnified Parties harmless from and against all claims, costs and losses of whatever nature suffered or incurred by the Indemnified Parties as a result of or in connection with:
(a) any material breach by you of the provisions of these Terms and Conditions;
(b) fraud, negligence, misconduct or recklessness in relation to your obligations under these Terms and Conditions; and
(c) your use of our Website.
18.2 We are entitled to recover from you all out-of-pocket costs reasonably incurred by us in connection with a claim for indemnity and all such costs must be paid on demand.
19 Force majeure
19.1 If a case of Force Majeure continues for more than one week, we may immediately terminate the Terms and Conditions by written notice and without any liability other than refund of any Product already paid for by you and not delivered.
19.2 We reserve absolute discretion as to the solution we will apply in order to fully perform our obligations under these Terms and Conditions in the event of Force Majeure.
20 Variations
20.1 We may amend these Terms and Conditions from time to time. We will give you prior notice of material changes which we believe may have a negative effect on you. We will notify you of changes to these Terms and Conditions. The then current Terms and Conditions apply to your use of our Website and all products offered via our Website.
20.2 If you do not agree with the amended Terms and Conditions, you must cease 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 these Terms and Conditions as revised before you first purchase Products after the amendment takes effect. If you do not expressly agree 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 block your access to our Website;
(c) stop processing an order;
(d) refuse to accept 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 one or more of your internet service providers and request that they 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, prohibit or block your access to our Website or any part of it, you must not take any action to circumvent such suspension, prohibition or blocking.
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 clause 22.2, we may suspend or terminate your access to the Website if your use of the Website causes or risks legal liability of any kind or interferes with others’ use of the Website.
22.4 If we suspend or terminate your access to the Website, we will seek to notify you in advance. Nevertheless, we may, at our discretion, suspend or terminate your access to the Website immediately and without prior notice.
22.5 We do not guarantee that our Website will always be available or uninterrupted. We may discontinue, suspend or withdraw our Website in whole or in part or restrict its availability for business or operational reasons. We will try to give you reasonable notice of suspension or withdrawal. You are not entitled to any compensation or other payment if the Website is discontinued, suspended, withdrawn or modified.
23 Consequences of termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide Services to the Customer shall immediately cease.
23.2 In no event shall you be entitled to any compensation from us for loss of rights, loss of goodwill or any other loss as a result of termination of these Terms and Conditions for any reason.
23.3 Termination of these Terms and Conditions does not affect any other right already accrued and leaves unaffected provisions of these Terms and Conditions which by their terms are to apply or come into force thereafter. Clauses 17 (Liability) and 18 (Indemnity) shall also survive termination of these Terms and Conditions.
24 General provisions
24.1 You may not assign your rights under these Terms and Conditions.
24.2 The rights, powers and remedies in these Terms and Conditions are (unless expressly stated otherwise) 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 in any way limited by any applicable law, that provision shall be valid and enforceable to the extent permitted by that law. The invalidity or unenforceability of such a provision shall not affect the validity or enforceability of any other provision.
24.5 Failure or delay in exercising a right, power or remedy provided by these Terms and Conditions or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of a provision of these Terms and Conditions, this shall not be considered a waiver of a subsequent breach of that provision or 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 third parties.
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 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 in connection with these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof, or any dispute concerning non-contractual obligations arising out of or in connection with these Terms and Conditions, shall be referred to and finally resolved by arbitration under the administration of Hong Kong in force at the time of submission of the notice of arbitration. This arbitration clause is governed by the law of Hong Kong. The seat of arbitration is Hong Kong. The number of arbitrators shall be one. The arbitration shall be conducted in the English language.
26 Company details
Email: support@chique-boetiek.nl
27 Interpretation
27.1 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 placing an order on the Website;
“Delivery Address” means the delivery address as set out in the relevant Order;
“Expected Delivery Date” means an expected delivery date of an Order;
“Force Majeure Event” means any event or circumstance that results in our failure or delay to perform an obligation under these Terms and Conditions and that is caused by a cause beyond our reasonable control and is not attributable to our failure to exercise reasonable care to prevent such failure or delay, and includes war or threat of war; natural or nuclear disaster; riot or civil commotion; pandemic; 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 not relating to the party affected by the event or circumstance causing the interruption or delay;
“Indemnified Parties” means us, any Affiliated Party 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 a third party used by us for the processing of payments;
“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;
27.2 References to “clauses” are references to clauses of these Terms and Conditions.
27.3 Headings are for convenience of reference only and do not affect the interpretation or construction of these Terms and Conditions.
27.4 Words in the singular include the plural and vice versa. Words denoting gender include all genders and references to persons include individuals, corporations, undertakings or partnerships.
Please email us if you have any questions or comments about these Terms and Conditions, the Website or the Products.
About Chique Boetiek
Welcome to Chique Boetiek, your online fashion heaven for stylish women and men! We are driven by a passion for the latest trends and unique items, and we strive to provide you with an unforgettable shopping experience.
Our mission
At Chique Boetiek, we believe that everyone should be able to look and feel their best. That’s why we carefully select a varied collection of high-quality clothing pieces that perfectly match contemporary fashion. Whether you’re looking for a trendy outfit for a special occasion or casual clothing for everyday wear, at Chique Boetiek you are guaranteed to find what you’re looking for.
Why choose Mila-Boutique-Newyork?
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Extensive collection: We offer a wide range of women’s and men’s fashion, with items from various well-known brands and up-and-coming designers.
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Always the latest trends: We keep our finger on the pulse and continuously add new items that match the latest trends.
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Unique items: In addition to our regular assortment, you’ll also find unique pieces at Chique Boetiek that you won’t encounter anywhere else.
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Customer-focused: We find it important that you have a pleasant shopping experience with us. That’s why we are always ready with personal advice and service.
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Easy online shopping: Our webshop is user-friendly and offers various secure payment options. Your order will be delivered to your home quickly and with care.
Team Mila Boutique Newyork
We hope you are just as enthusiastic about Mila Boutique Newyork as we are! Don’t hesitate to contact us if you have any questions or need help finding the perfect outfit.