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    Sarah L.

    Avis sur: Diona – Robe longue élégante

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    Terms & Conditions

    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 The defined terms and interpretations of these terms and conditions are set out in
    paragraph 26.
    2. Acceptance
    2.1 You represent and warrant that:
    (a) You are a natural person and are at least 18 years old;
    (b) you have the power to enter into a legally binding contract with us; and
    (c) you are not prevented by any applicable law or treaty from entering into a legally binding
    contract with us.
    2.2 We reserve the right to request written confirmation of your authority to accept these
    Terms.
    2.3 You represent and warrant that you have not:
    (a) have been convicted of any computer or internet related offence; and
    (b) have not in the past refused products or access to the Site.
    2.4 We reserve the right to refuse you access to our Site if we consider such refusal
    necessary or appropriate.
    2.5 Abandonment of an order means:
    (a) your assurance and guarantee that you have read these Terms and Conditions carefully
    and in full;
    (b) your offer to purchase the Order only 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 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 Site or
    purchase any Products.
    2.7 You must expressly agree to these Terms and Conditions to:
    (a) submit information to or through our website; or
    (b) purchase a Product.
    2.8 By visiting our website, purchasing Products or agreeing to these Terms and Conditions:
    (a) you also agree to our privacy policy; and
    (b) you accept and agree to comply with our Acceptable Use Policy (see paragraph 12 below
    for further details).
    2.9 We recommend that you print a copy of these terms and conditions for future reference.
    2.10 If you do not agree to these terms and conditions, you may not place an order or
    communicate with us.
    3. Personal use
    You confirm that you will use the Website to purchase Products solely for your own personal,
    non-commercial use as a principal and not as a representative or on behalf of any other
    person.
    4. Prices
    4.1 The prices of the Products shown on our website are inclusive of delivery charges, but
    exclusive of any fees, taxes, duties, levies or other similar governmental charges ("duty
    unpaid and untaxed").
    4.2 Any duties, taxes, fees, levies or other governmental charges and declarations relating to
    the importation of the Products to the delivery address are your responsibility and are not
    included in the price of the Products. All deliveries may, in some cases, incur additional costs
    for which the seller is not responsible and which are to be borne by the customer. These
    include, in addition to the shipping costs, the costs of customs duties or import VAT, as the
    goods are shipped from a non-EU country (China); it should be clarified with our customer
    service whether customs duties apply to a product before placing an order. Customs duties
    or import VAT 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 customs duties and/or import tax and must comply
    fully with all laws and regulations of the importing country. As the rules for importing goods
    vary from country to country, please check your country's import duties and VAT before
    placing your order. The buyer is responsible for fully verifying compliance with all laws and
    regulations of the country of import upon receipt of the goods.
    4.3 We will do our best to ensure that all details, descriptions and prices of the products that
    appear on our site are correct. However, there may be instances where errors may occur. If
    we find that a pricing error has occurred, we will notify you as soon as possible and give you
    the opportunity to reconfirm your order at the correct price or cancel your order. If we are
    unable to contact you or 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 delivery of your order and charge or refund the amounts set out in the notification
    we will send to you shortly after we receive your order reconfirmation using the same
    payment method and payment method you used to place your order.
    4.4 We are not obliged to fulfil an Order if the price quoted on the Website is incorrect (even
    after you have received an Order Confirmation).
    4.5 Prices may be changed 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 will be
    deemed to be our confirmation of receipt of your order. In the event of delivery difficulties or
    unavailability of stock to fulfil your order, we will inform you by email and refund any
    payments made for the order.
    5.2 A contract is only concluded if we have issued you with an Order Confirmation and only
    in respect of the Product(s) listed in the Order Confirmation. These general terms and
    conditions of sale form an integral 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 deliveries at separate times.
    5.4 We reserve the right to remove Products from the Site at any time. We also reserve the
    right to edit or remove any material or content from the Site. We shall not be liable to you or
    any third party for the removal of any Product from our Site or for the editing or removal of
    any material or content from our Site.
    5.5 We reserve the right to refuse or reject any order placed by you at any time (even after
    sending an order confirmation). We shall not be liable to you or any third party for the
    cancellation or rejection of 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 refunded to you in full.
    6. Payment
    6.1 You can pay for the Products using any of the payment intermediaries listed on our
    website.
    6.2 You may also pay for all or part of your order using a promotional voucher that we make
    available to you. Promotional vouchers can only be redeemed online at the checkout.
    6.3 We may use payment intermediaries to make payments between you and us. You agree
    that we may pass documents and information about you to these payment intermediaries,
    including documents and information containing your personal data.
    6.4 We are not a regulated payment processor or money service provider and we are not
    responsible for any payment failures or problems caused by payment intermediaries.
    6.5 You are responsible for providing complete and accurate information during the payment
    process and all payments must be made with your own funds. By placing an order, you
    confirm that:
    (a) the method of payment used for payment is yours;
    (b) where applicable, you are the rightful holder of the promotional voucher; and
    (c) you have sufficient funds or credit capacity to pay for the relevant order.
    6.6 We are not responsible or liable for the unauthorised use of your credit, debit or prepaid
    cards by third parties, even if those cards have been reported stolen. We are entitled to
    inform all relevant authorities (including credit bureaus) of any fraudulent payments or other
    illegal activity.
    6.7 You shall not:
    (a) make or attempt to make any chargebacks in relation to any payment you have made for
    Products; or
    (b) reverse any payments you have made in relation to Products.
    6.8 You shall indemnify and hold us fully harmless from any chargeback or cancellation of
    any payment made by you and from any loss, cost, liability or expense we may incur as a
    result of or in connection with such chargebacks or cancellations.
    7. Delivery
    7.1 We will endeavour to deliver your order to the delivery address given at the time of
    ordering.
    7.2 We will indicate an expected delivery date at the time of checkout of your order.
    7.3 We may notify you if we are unable to meet the estimated delivery date, but we will not
    be liable to you for any loss, liability, costs, damages, charges or expenses arising from any
    delay in delivery, to the extent permitted by law.
    7.4 We may not be able to deliver Products to certain locations. In this case, we will inform
    you and arrange to cancel and refund the order or deliver the order to an alternative delivery
    address confirmed by you.
    7.5 All risk in the product passes to you on delivery to the delivery address, unless delivery is
    delayed due to a breach of your obligations under these terms and conditions. Risk passes
    at the time delivery would have taken place if you had not breached the law.
    7.6 If you are unable to accept delivery or collection of your order, we may leave a card
    giving you instructions for redelivery or collection by the carrier.
    7.7 If delivery or collection is delayed by your unreasonable refusal to accept delivery, or if
    you do not accept delivery or collect your order from the carrier, we may charge you for any
    fees and other costs we may reasonably incur in returning the order to the sender, without
    prejudice to any other rights or remedies available to us.
    7.8 Goods will be dispatched within 2-5 days of confirmed receipt of payment. The standard
    delivery time is 5 to 8 working days, exceptionally up to 4 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 available.
    7.9 All duties, taxes, customs duties, levies or other official charges and declarations relating
    to the import of the products to the delivery address are your responsibility and are not
    included in the price of the products. All deliveries may, in some cases, incur additional costs
    for which the seller is not responsible and which are to be borne by the customer. These
    include, in addition to the shipping costs, the costs of customs duties or import VAT, as the
    goods are shipped from a non-EU country (China); it should be clarified with our customer
    service whether customs duties apply to a product before placing an order. Customs duties
    or import VAT 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 customs duties and/or import VAT and must comply
    fully with all laws and regulations of the importing country. As the rules for importing goods
    vary from country to country, please check your country's customs duties and import VAT
    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 modification of orders
    8.1 Once an order has been placed on our website, you can cancel or amend it by sending
    us an email.
    8.2 Once an order has been packed, it cannot be cancelled or changed; instead, the order
    must be returned to us in accordance with paragraph 10 below. As our goods are shipped
    from Asia, transit times may be longer and we have no control over these times. If the
    product(s) are already on their way to you, it is not possible to cancel. Please wait until you
    receive the goods and send them back to us. Of course, you can still inform us of your
    cancellation in advance. In order to guarantee a prompt return, we ask you to send us a
    shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the
    order, if the goods have not been received.
    8.3 As we work with a fully automated system, orders are triggered immediately after they
    are sent. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so
    that a refund before receipt of the goods is only possible up to 24 hours after the order.
    9. Defective products
    9.1 You acknowledge that the Products are standard products and are not custom-made to
    meet your particular requirements.
    9.2 All product descriptions, information and materials on the Website are provided "as is"
    without any express or implied warranty or other representation.
    9.3 Illustrations of products may differ slightly from the actual product you receive.
    9.4 If the product you receive is faulty, you can send us an email informing us of the product
    to be returned and attaching a photograph of the faulty product.
    9.5 You can return the product to us in accordance with paragraph 10.
    9.6 We will examine the product as soon as we receive it. Our processing time will depend
    on your order.
    9.7 We will inform you by email if we are satisfied that the Product is defective.
    9.8 Our only obligation to you in respect of defective Products is either (at our sole
    discretion):
    (a) replace the Product and pay the cost of delivery of the Products to the delivery address,
    in which case you must return the defective Product to us and we will deliver a replacement
    Product to you at the delivery address; or
    (b) pay you an amount equal to the price of the Product and the cost of returning 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 method of payment.
    9.9 If we determine that the Product is not defective, we may, at our sole discretion, decide
    not to refund the purchase price of the Product to you and we may require you to pay any
    reasonable service charges and deduct them from the payment method used for the order.
    Weshall not be liable to you for any loss, liability, cost, damage, fee or expense arising from
    this paragraph to the extent permitted by law.
    10. Returns and refunds
    10.1 Our returns policy forms part of these Terms and Conditions of Sale, on the basis of
    which you may access and use our Site.
    10.2 If you are not completely satisfied with your order, you can send an email informing us
    of the product to be returned and send it back to us. The cooling-off period is 30 days from
    the date on which you, or a third party other than the carrier and nominated by you, took or
    received possession of the last product.
    10.3 The return and the costs are at the customer's expense and must be paid by the
    customer.
    10.4 We must have received the product for the customer to be entitled to a refund. We will
    check the returned product on arrival.
    10.5 You must ensure that the product is sent to us in the same condition in which you
    received it and that it is properly packaged. The product must be unused, the product labels
    must not have been tampered with and the product must be in its original packaging. If a
    product is returned to us in an unsuitable condition, we reserve the right 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 product you are returning, we will send you
    an email approving your return. A refund will be issued promptly to the payment method
    used for the order, after we have sent you a notification of approval of your return.
    10.8 The withdrawal is complete when we have received the physical goods.
    10.9 As our goods are sent from Asia, delivery times may be longer, which is beyond our
    control. If the goods are already on their way to you, withdrawal is not possible. Please wait
    until you have received the goods and send them back to us. Of course, you can also inform
    us of your cancellation in advance. In order to ensure that the goods are returned to you as
    quickly as possible, 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 have not been
    received.
    11. Vouchers
    11.1 You can use our promotional vouchers or discounts when you make payment for
    products on the website.
    11.2 To use a voucher or 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 count towards the total amount of your order at checkout.
    12.4 You may only redeem or use one promotional voucher or discount per order.
    11.5 The credit from a Promotional Voucher does not bear interest and has no cash value.
    11.6 If the credit on a promotional voucher is insufficient for your order, you may pay the
    difference using a separate payment method available on the site.
    11.7 If you use a promotional voucher for an order that has been returned, the value of the
    promotional voucher will not be refunded. However, if you have paid for part of it using a
    separate payment method, that part may be refunded.
    12 Permitted use
    12.1 You may not ("Prohibited Actions"):
    (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 an illegal, unlawful, fraudulent or harmful manner, or in connection
    with any illegal, unlawful, fraudulent or harmful purpose or activity
    (c) use our website to copy, store, host, transmit, send, use, publish or distribute any
    material consisting of (or relating to) spyware, computer viruses, Trojan horses, worms,
    keyloggers, rootkits 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 connection with 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 guidelines set out in our website's robots.txt file;
    (g) use the data collected by our website for any direct marketing activities (including email
    marketing, SMS marketing, telemarketing or direct mail);
    (h) use the data collected by our website to contact individuals, companies or other persons
    or entities;
    (i) use or direct the Site to interact with devices, unless you are expressly authorised to do
    so;
    (j) use, directly or indirectly, the Site's infrastructure to initiate, propagate, participate in,
    direct or attempt to engage in hacking attacks or to send network messages that are
    bandwidth intensive, malicious or potentially harmful to any device, whether or not owned by
    us
    (k) copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise
    attempt to derive or access the structure or source code of the Site (whether for the purpose
    of creating derivative works from the source code or otherwise), directly or indirectly
    (l) use or access the Site for the purpose of creating a similar or competing product or
    service, or to communicate to third parties a comparative or product comparison study;
    (m) sell, assign, sub-license, 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 modify in any way any of the content or any hard or digital copy of any material
    printed or copied from our Website;
    (q) use the Site in any manner prohibited by any law or regulation applicable to the use of
    the Site
    (r) make any unauthorised requests or orders; or
    (s) place speculative, false or fraudulent orders.
    12.2 You agree that you will be liable to us for any damage, loss, liability, cost or expense
    that we may suffer or incur as a result of or in connection with any prohibited act committed
    or authorised by you.
    12.3 You undertake to notify us as soon as possible after becoming aware of any person
    engaging in a Prohibited Activity. You will give us reasonable assistance in any investigation
    we may carry out on the basis of the information you provide to us in this regard.
    12.4 You must ensure that any information you provide to us through our Site or in
    connection with our Site or the Products:
    (a) is true, accurate, current and complete and not misleading;
    (b) comply with all applicable laws and regulations
    (c) does not infringe the privacy, data protection, confidentiality or intellectual property rights
    or any other rights of any person; and
    (d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or
    otherwise objectionable.
    12.5 You will promptly provide us with any documents or other information we request to
    verify your identity. You will immediately update all information you provide to us so that all
    information you provide to us is at all times complete and accurate.
    12.6 You must comply with all applicable laws relating to your use of the Website and it is
    your sole responsibility to ensure that you comply with them, whether they are based on your
    country of residence, the place where you access the Website or otherwise.
    12.7 Please email us if you become aware of any material or activity on our website that
    does not comply with these terms and conditions.
    13 Links to the Website
    13.1 Links from our site to other sites and resources provided by third parties are provided
    for information purposes only. Links from our site to other sites and resources should not be
    taken as a recommendation or endorsement by us of those linked sites or resources or the
    information you obtain from them.
    13.2 You acknowledge and agree that we have no right or control over the content of other
    sites and resources linked to our site or referred to on our site.
    13.3 You may link to our home page provided that you do so in a fair and legal manner and
    do not damage our reputation or take advantage of it.
    13.4 You must not establish a link in a way that suggests any form of association,
    authorisation or approval on our part where none exists.
    13.5 You must not create a link to our website on a website that you do not own.
    13.6 You may not embed our website in frames on another website, or link to any part of our
    website other than the home page.
    13.7 We reserve the right to withdraw permission to link without notice.
    13.8 The website to which you link must comply in all respects with the content standards
    set out in our acceptable use policy (see paragraph 12 above).
    13.9 Please contact us for prior approval of any link to our website that does not comply with
    this paragraph 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 the
    content and materials published on it. These works are protected by laws and treaties
    throughout the world. All such rights are reserved.
    14.3 You may only use the Website and all of its content for your own personal,
    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 undertake to inform us of any suspected infringement of our intellectual property
    rights.
    14.5 You may not use our trade marks without our prior written consent unless they form part
    of the material you use (and reproduce exactly) in accordance with paragraph 13.
    15 Data protection
    15.1 Our privacy policy forms part of these terms and conditions, on the basis of which you
    may access and use our site.
    15.2 We use cookies on our website. We also use cookies to track 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 on cookies, please see our privacy policy.
    15.3 If you provide us with your personal data, we will process such personal data from time
    to time in accordance with your instructions and will take appropriate security measures to
    protect such personal data against unauthorised and unlawful processing and against
    accidental loss, destruction or damage.
    15.4 Unless specific safeguards are appropriate or otherwise agreed in writing, information
    and documents generated in connection with the sale of the Products may be shared
    between us and, in particular, such information and documents may be accessible in
    electronic form to any of our employees, officers, consultants or agents.
    16. Viruses
    16.1 We do not warrant that our website is secure or free from errors or viruses.
    16.2 It is your responsibility to configure your information technology, computer programs
    and platform to access our website. You must use your own anti-virus software.
    16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses,
    worms, logic bombs or any 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 by means of a denial of service attack or a distributed
    denial of service attack.
    16.6 If we believe that you have breached the provisions of this paragraph 16, your right to
    use our website will cease immediately. We may report any breach to the relevant law
    enforcement authorities and will do so if required by applicable law.
    17 Liability
    17.1 Subject to paragraph 17.13, we will not be liable, to the fullest extent permitted by law,
    and will not be responsible or liable for any loss suffered by you or others as a result of:
    (a) third-party or user Content;
    (b) our Content, and in particular the accuracy, completeness or timeliness of our Content;
    (c) the products, including the quality, images, description or specifications, conformity with
    the description and suitability of the products for a particular purpose;
    (d) reliance on any information contained in these terms and conditions or on our website, or
    on any features provided in these terms and conditions or on our website;
    (e) the inability to access the Site or any part of it, or access is at any time unavailable or
    partial or operates with errors; and
    (f) any failure or delay in the performance of our obligations, whether or not we give you
    notice thereof, if and to the extent that the failure or delay is caused by any circumstance
    beyond our reasonable control, and which includes telecommunications failures, power
    failures acts of terrorism, fuel strikes, inclement weather, computer breakdowns, supplier
    delivery failures, industrial disputes and absence of personnel due to illness or injury, and
    the time for performance of any obligation whose performance is so affected shall be
    extended accordingly.
    17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of
    statutory duty or otherwise) for any loss of profits, business opportunities, goodwill, savings
    or benefits or any form of 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 occurring.
    17.3 Our liability arising directly or indirectly from these Terms (including your purchase of
    Products from us under these Terms) or which is not otherwise expressly excluded under
    these Terms, shall be limited and capped at the greater of US$1,000 or a multiple of five
    times the price you paid for the Products giving rise to the liability. The amount of this
    limitation of liability shall be reduced by the amount of any unpaid amounts owed by you 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 which allegedly caused the loss or
    expense.
    17.5 Except to the extent that claims cannot be excluded or limited by law, no claim arising
    out of or in connection with these Terms and Conditions may be made by you personally
    against any of our employees, officers, consultants or other agents involved in the
    performance of the relevant obligations.
    17.6 All representations or warranties, whether contractual or otherwise, and all warranties,
    conditions, terms, covenants and obligations implied by law, custom, trade usage, course of
    dealing or otherwise (including the implied covenants of satisfactory quality, fitness for
    purpose and description) are excluded to the fullest extent permitted by law.
    17.7 Only a claim against us (including our employees, officers or consultants) for an act or
    omission may be made. An act or omission includes a series of related acts or omissions,
    the same act or omission in a series of related matters or similar acts or omissions in a
    series of related matters and includes all claims arising from a matter.
    17.8 The limitations in this paragraph 17 apply to our aggregate liability to you (including any
    other third party to whom we are liable, with or without our consent) in respect of a claim,
    and you and all such other persons shall collectively be subject to only one claim by us in
    respect of the same damage.
    17.9 If a limitation of liability applies regardless of the amount, the limitation applies to the
    entire provision of services or supply of products by us, and there are no separate aggregate
    limitations of liability that apply to you, each company in the group to which you belong and
    all persons nominated by a user in the group.
    17.10 If we are jointly and severally liable to you with another party, we are only liable to pay
    you that part which is reasonably attributable to our fault. We will not be liable to you for that
    part which is attributable to the fault of another party for which that other party is otherwise
    liable.
    17.11 Any liability we may have to you will be reduced by the part for which another party
    would have been liable if either:
    (a) you also brought proceedings or a claim against that other party; or
    (b) we brought proceedings or made a claim against that other party under the Civil Liability
    (Contribution) Ordinance or similar legislation in another relevant jurisdiction.
    17.12 In determining whether other parties are liable to you, no account shall be taken of the
    fact that you are unable to pursue a remedy against another party because actions against
    that party are time-barred, that party lacks the necessary means, that party relies on
    exclusions or limitations of liability or that other party no longer exists.
    17.13 The exclusions and limitations of liability contained in these Terms and Conditions
    shall not affect our liability:
    (a) for death or personal injury resulting from our negligence;
    (b) for fraud or reckless breach of professional duty;
    (c) for any other liability which cannot be excluded or limited in the jurisdiction to which a
    relevant claim is made, including any restrictions on our right to limit our liability; and
    (d) in any other case, to limit our liability to an amount less than the minimum amount
    required in the circumstances under any other law or regulation applicable to the claim, in
    which case that minimum amount shall be deemed to be a substitute for the amount that
    would otherwise apply.
    17.14 These provisions are an exhaustive list of the remedies available to each party or a
    third party against either party under or in connection with these Terms.
    18 Indemnification
    18.1 You will indemnify and hold the Indemnified Parties fully harmless, on demand, against
    all claims, costs and losses of whatever nature which the Indemnified Parties suffer or may
    suffer and which arise out of or relate to
    (a) a material breach by you of the provisions of these Terms and Conditions
    (b) any fraud, negligence, misconduct or reckless disregard of your obligations under these
    Terms and Conditions; and
    (c) your use of our website.
    18.2 We shall be entitled to claim from you reimbursement of all costs reasonably incurred
    by us in connection with an indemnified claim and all such costs shall be payable on
    demand.
    19. Force majeure event
    19.1 If a Force Majeure Event lasts for more than one week, we may immediately terminate
    the Terms and Conditions by written notice and without any liability other than the refund of
    the Product you have already paid for and not delivered.
    19.2 We reserve the right to exercise absolute discretion as to how to deal with the
    occurrence of a force majeure event in order to fully meet our obligations under these Terms
    and Conditions.
    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 think may be detrimental to you. We will notify you
    of any changes to these terms and conditions. The current terms and conditions apply to
    your use of our website and any products offered through our website.
    20.2 If you do not agree to the amended terms and conditions, you must stop using our
    website or purchasing our products.
    20.3 If you have given your express consent to these Terms and Conditions, we will ask you
    for your express consent to a revision of these Terms and Conditions before your first
    purchase of Products after the amendment takes effect. If you do not give your express
    consent and acceptance of the revised Terms and Conditions within the time period we have
    indicated to you, you must cease using the Site or purchasing our Products.
    21. Your breach
    21.1 Without prejudice to our other rights under these Terms, if you breach these Terms in
    any way, or if we have reasonable grounds to suspect that you have breached these Terms
    in any way, we may
    (a) send you one or more formal warnings;
    (b) temporarily block your access to our website;
    (c) suspend the processing of any order;
    (d) refuse to accept any payment from you; or
    (e) permanently bar you from accessing our website;
    (f) block access to our website from computers using your IP address;
    (g) contact any or all 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, ban or block your access to our site or any part of our site, you must not
    take any steps to circumvent such suspension, ban or block.
    22 Termination and suspension
    22.1 You may cease using the Site at any time.
    22.2 We may suspend the provision of the Site at any time, with or without cause and with or
    without notice.
    22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to the
    Site if your use of the Site is likely to give rise to or risk giving rise to legal liability of any kind
    or to disrupt the use of the Site by others.
    22.4 If we suspend or terminate your access to the Site, we will endeavour to notify you in
    advance. However, we may, at our discretion, suspend or terminate your access to the Site
    immediately and without notice.
    22.5 We do not guarantee that our website will always be available or that it will be available
    without interruption. We may interrupt, suspend, withdraw or restrict the availability of all or
    part of our website for commercial or operational reasons. We will endeavour to give you
    reasonable notice of any such suspension or withdrawal. In the event of any termination,
    suspension, withdrawal or modification of the Website, you will not be entitled to any
    compensation or other payment.
    23 Effect of termination
    23.1 Termination of these terms and conditions will immediately terminate any obligation to
    provide customer service.
    23.2 Under no circumstances shall you be entitled to any compensation from us for loss of
    rights, loss of goodwill or any other loss resulting from the termination of these terms and
    conditions for any reason whatsoever.
    23.3 Termination of these terms and conditions shall not affect any other rights which have
    already arisen and shall not affect any provisions of these terms and conditions which, in
    accordance with their terms, apply or are to come into force thereafter. Paragraphs 17
    (Liability) and 18 (Indemnification) shall also apply after 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 by these Terms and Conditions are (unless
    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 limited in
    any way by applicable law, that provision will be valid and enforceable to the maximum
    extent permitted by that law. The invalidity or unenforceability of any such provision shall not
    affect the validity or enforceability of the remaining provisions.
    24.5 The failure to exercise or delay in exercising any right, power or remedy under these
    Terms or by law shall not constitute a waiver of such right, power or remedy. If we waive a
    breach of any provision of these Terms and Conditions, it will not be deemed to be a waiver
    of any subsequent breach of that provision or a waiver of any other breach.
    24.6 The exercise of the parties' rights under these Terms and Conditions is not conditional
    on the agreement of any third party.
    24.7 These Terms and Conditions are for our benefit and yours and are not intended to
    benefit or be enforced by any third party.
    25 Applicable law
    "Order" means the order you place through our website to purchase one or more Products
    from us;
    "Order Confirmation" means the email we send to you confirming your order in accordance
    with paragraph 4.3 above;
    "Payment Intermediary" means any third party payment processor used by us;
    "Product" means a product offered on our website;
    "Website" means the Website;
    "Site Infrastructure" means all our systems (including code) that enable, provide or describe
    the Site;
    26.2 References to "paragraphs" are to paragraphs of these Terms and Conditions.
    26.3 Headings are for convenience only and do not affect the interpretation or structure of
    these Terms and Conditions.
    26.4 Words importing the singular include the plural and vice versa. Words expressing
    gender include any gender, and references to persons include individuals, companies,
    entities, businesses or partnerships.
    Please email us if you have any questions or concerns about these terms and conditions,
    the website or the products.

     

    GOVERNING LAW

    These Terms of Service and any separate agreements through which we provide our Services shall be governed by and construed in accordance with the laws of Hong Kong SAR.


    SCALIX COMMERCE LIMITED
    Room 03, 24/F, Ho King Commercial Centre
    2–16 Fa Yuen Street, Mong Kok
    Kowloon, Hong Kong

    Company Number: 78183464