Terms & Conditions
TERMS AND CONDITIONS
1. Introduction
1.1 These Terms and Conditions apply to the use of our Website (www.vanitymirrorpro.com) or the purchase of Products offered through our Website.
1.2 Defined terms and interpretation for these Terms and Conditions are set out in paragraph 26.
2. Acceptance
2.1 You declare and warrant that:
(a) you are an individual and you are 18 years of age or older;
(b) you have the authority to enter into a legally binding contract with us; and
(c) you are not excluded under any applicable law or contract from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation regarding your authority to agree to these Terms and Conditions.
2.3 You declare and warrant that you have not been:
(a) convicted of a computer or internet-related crime; and
(b) refused Products or access to the Website in the past.
2.4 We reserve the right to refuse you access to our Website if we consider such refusal necessary or appropriate.
2.5 Placing an order:
(a) your declaration and warranty that you have carefully read these Terms and Conditions in their entirety;
(b) your offer to make your purchase of the Order solely in accordance with these Conditions;
(c) your acceptance that an Order Confirmation will take place solely on the basis of these General Terms and Conditions; and
(d) your commitment to us to comply with these Terms and Conditions.
2.6 If you do not agree with these Conditions, you should not use the Website or purchase Products.
2.7 You must explicitly 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:
(a) you also agree to and consent to our Privacy Policy and
(b) you agree and consent to comply with our acceptable use policy (see paragraph 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 to these Terms and Conditions, you will not be able to place an Order or communicate with us.
3. Personal use
You acknowledge that you will use the Website to purchase Products solely for your own personal and non-commercial use, as principal and not as agent or on behalf of another person.
4. Price
4.1 The prices listed on our Website for Products include delivery costs, but exclude all other costs such as: taxes, customs, levies, or similar government-imposed charges.
4.3 We do our utmost to ensure that all details, descriptions, and prices of Products listed on our Website are correct. However, errors may occur. If we discover that there has been an error in the price, we will inform you as soon as possible and offer you the opportunity to reconfirm your Order at the correct price or cancel your Order. If we are unable to contact you or if we do not receive a response from you, the Order will be considered cancelled and you will be refunded the full amount. If you choose to reconfirm your Order, we will take care of delivering your Order and will charge or refund amounts as stated in our notice to you shortly after receiving your reconfirmation of your Order with the payment form and payment method used to place the Order.
4.4 We are not obligated to execute an Order if the price listed on the Website is incorrect (even after you have received an Order Confirmation).
4.5 Prices may change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.
4.6 Special additional clearance costs and/or import duties are not included in the price and are the customer's responsibility.
5. Placing an order
5.1 After you have placed an Order, all Orders are subject to available stock. If we have sufficient stock to execute your Order, you will receive an Order Confirmation which will act as our confirmation of receipt of your Order. In the event of delivery problems or unavailability of stock to execute your Order, we will notify you by email and will refund any payments for the Order.
5.2 A Contract is only formed when we have provided you with an Order Confirmation and only with respect to the Product(s) mentioned in the Order Confirmation. These Terms and Conditions are part of the Contract and apply 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 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 material or content from the Website. We are not 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 an Order placed by you at any time (even after we have sent you an Order Confirmation). We cannot be held liable to you or any third party for cancelling or refusing an Order.
5.6 If we cancel your Order after we have received payment (and even after we have sent an Order Confirmation), the payment for the Order will be fully refunded to you.
6. Payment
6.1 You can pay for Products using a Payment Intermediary listed on our Website.
6.2 You can also pay for your Order in whole or in part with a discount voucher provided by us. Promotional vouchers can only be entered online at checkout.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we provide documents and information about you to the Payment Intermediaries, including documents and information that contain your personal data.
6.4 We are not a regulated payment processor or money transaction office and are not responsible for payment problems or failures caused by the payment intermediaries.
6.5 You are responsible for providing complete and accurate information in the payment process and any payments must be paid with your own means. By placing an order, you confirm that:
(a) the payment method used for the payment belongs to you;
(b) if applicable, you are the rightful holder 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 unauthorized third-party use of your credit, debit, or prepaid cards, even if these cards were reported as stolen. We may notify all authorized authorities (including credit information bureaus) of fraudulent payments or other unlawful activities.
6.7 You shall not:
(a) make or attempt to make chargebacks with respect to a payment you have made for Products; or
(b) reverse any payment you have made with respect to Products.
6.8 You shall fully indemnify us, and keep us fully indemnified, with respect to any chargeback or reversal of payments made by you, and any loss, costs, liability, or expenses incurred by us as a result of or in connection with such chargeback or reversal.
7. Delivery
7.1 We aim to deliver your Order to you at the Delivery Address you provided when placing your Order.
7.2 At checkout, we provide an estimated delivery date.
7.3 We may notify you if we expect not to meet the estimated delivery date, but we will not be liable to you for any loss, liability, costs, damage, charges, or expenses arising from late delivery, to the extent permitted by law.
7.4 We may not be able to deliver Products to some locations. In that case, we will notify you and arrange for cancellation and refund of the Order or delivery of the Order to another Delivery Address confirmed by you.
7.5 The risk of the Product passes to you upon delivery at the Delivery Address, except if delivery is delayed due to your failure to comply with your obligations under these Terms and Conditions. The risk passes on the date when delivery would have taken place if you had not defaulted.
7.6 If you are not available to receive your Order, the carrier may leave a card with instructions for redelivery or collection of your Order 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 the costs and other expenses we reasonably incur to return the Order to the sender, without prejudice to other rights or remedies available to us.
7.8 The standard delivery time is 7-20 working days*, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The owner does not ship directly. The order is shipped by the manufacturer once the entire order is in stock there.
*Note! Exceptionally, due to heavy traffic during end-of-year periods, limited staffing during holiday periods, or pandemic outbreaks, your package may be delayed.
8. Cancellation or Modification of Orders
8.2 Since we operate with a fully automated system, orders are initiated immediately after placement. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so refunds before receipt of the goods are not or only exceptionally possible.
8.2 Once an Order is packed, it can no longer be cancelled or modified and must instead be returned to us in accordance with paragraph 10 below. Since our goods are shipped from Asia, there may be longer transit times over which we have no control. If the products are already on their way to you, cancellation is not possible. Please wait until you have received the goods and return them to us. Of course, you can notify us of your cancellation in advance. To ensure a quick return, we ask you to send us a confirmation of shipment. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods are not received.
9. Defective Products
9.1 You acknowledge that the Products are standard and not made to meet specific requirements you may have.
9.2 All product descriptions, information, and materials listed on the Website are provided "as is" and without any express or implied warranties or otherwise.
9.3 Product images may differ slightly from the actual product you receive.
9.4 If the Product you receive is defective, you can send an email informing us about the Product to be returned and a photo of the defective Product.
9.5 You can return the Product to us in accordance with paragraph 10.
9.6 We will examine the Product upon receipt. Our processing time varies depending on your order.
9.7 We will send you an email message if we are convinced that the Product is defective.
9.8 Our only liability to you with respect to defective Products is (at our own choice):
(a) replace the Product and pay the delivery costs for delivering the Products to the Delivery Address, for which you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or
(b) pay you an amount equal to the price of the Product and return the defective Product to us. We will pay this amount to you by depositing it into the account from which we received the payment, and via the same payment method.
9.9 If we determine that the Product is not defective, we may, at our discretion, decide not to refund you for the Product and may require you to pay all reasonable maintenance costs and charge this to the payment method used to place the Order. We are not liable to you for any loss, liability, costs, damage, charges, or expenses as a result of this paragraph, to the extent permitted by law.
10. Returns and Refunds
10.1 Our return policy is 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 can email us to let us know which Product you want to return and return the Product to us. The withdrawal period is 14 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 goods.
10.3 Return shipping and costs are the responsibility of the Customer.
10.4 The Product must have been received by us for a Customer to be eligible for a refund. We will 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/tags must not have been tampered with, and the Product must be in the original packaging. If a Product is returned to us in unsuitable condition, we reserve the right to refuse the return of the Product.
10.6 The processing time of your return 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 be refunded to the account used to place the Order in the short term.
10.8 The withdrawal is complete when the physical goods have been received by us.
11. Vouchers
11.1 You can use our promotional vouchers or discounts when paying 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 When entering and applying the voucher code or discount code, the voucher or discount is deducted from the total amount of your Order at checkout.
11.4 You may only redeem or use one promotional voucher or discount per Order.
11.5 The credit of a promotional voucher is not interest-bearing and has no cash value.
11.6 If the credit of a promotional voucher is insufficient for your Order, you can pay the difference via a separate payment method available on the Website.
11.7 If you use a discount voucher for an Order that is returned, you will not be refunded the value of the discount voucher. However, if you have paid a part via another payment method, this part can be refunded.
12. Acceptable Use
12.1 You must not ("Prohibited Acts"):
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;
(b) use our Website in a way that is unlawful, illegal, fraudulent, or harmful, or in connection with an unlawful, illegal, fraudulent, or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, use, publish, or distribute any material that consists of (or is linked to) spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using a robot, spider, or other automated means;
(f) violate the guidelines in the robots.txt file for our Website;
(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing, or direct mailing);
(h) use data collected from our Website to contact individuals, companies, or other persons or entities;
(i) use or direct the Website to interact with any devices unless you are expressly authorized to do so;
(j) use Website Infrastructure, directly or indirectly, to initiate, propagate, participate in, direct, or attempt to hack, or send bandwidth-saturating, malicious, or potentially harmful network messages to any device, whether or not ours;
(k) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, subject to reverse engineering, or otherwise attempt to derive the structure or source code of the Website or access it (whether to create derivative works of the source code or otherwise);
(l) use or access the Website to compile a similar or competitive product or service or to disclose any benchmarking or comparative study regarding Products to a third party;
(m) sell, assign, sublicense, transfer, distribute, or rent your access to the Website;
(o) make the Website available to third parties via a private computer network;
(p) edit or otherwise modify any content or paper or digital copies of material that has been printed or copied from our Website in any way;
(q) use the Website in a manner that is prohibited by any law or regulation applicable to the use of the Website;
(r) make unlawful inquiries or place unlawful Orders; or
(s) place speculative, false, or fraudulent Orders.
12.2 You acknowledge that you are liable to us for any damage, loss, liability, costs, or expenses we suffer or incur arising out of or in connection with any Prohibited Act carried out or permitted by you.
12.3 You undertake to notify us as soon as reasonably possible after you become aware of a person carrying out a Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct following the information you provide in this regard.
12.4 You must ensure that all information you provide to us through our Website, or in relation to our Website or Products:
(a) is true, accurate, current, and complete, and is not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe the privacy, data protection, confidentiality, or intellectual property rights or other rights of any person; and
(d) is not offensive, vulgar, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.
12.5 You will immediately provide all documents or other information we request from you to verify your identity. You will immediately update all information you provide to us so that all your data is fully and accurately maintained at all times with us.
12.6 You must comply with, and it is your own responsibility to ensure that you comply with, all applicable laws relating to your use of the Website, whether based on your country of residence, the place where you access the Website, or otherwise.
12.7 Please email us when you become aware of material or activities on our Website that constitute a breach of these Terms.
13. Website Linking
13.1 Links from our Website to other websites and information sources provided by third parties are offered for information only. Links to other websites and sources from our Website should not be interpreted as, and are not, endorsements or approvals by us of these linked websites or sources, or any information you obtain from them.
13.2 You acknowledge and accept that we have no right or control over the content of other websites and sources linked to or referenced 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 our reputation or take advantage of it.
13.4 You may not place a link in such a way that suggests any form of association, approval, or endorsement on our part where none exists.
13.5 You may not link to our Website on a website that is not owned by you.
13.6 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the homepage.
13.7 We reserve the right to withdraw linking permission 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 to request permission in advance for any link to our website that does not comply with this paragraph 13.
14. Intellectual Property Rights
14.1 The code, structure, and organization of the Website are protected by intellectual property rights.
14.2 We own or are the licensee of all Intellectual Property Rights on our Website, and in the content thereof 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 use the Website and all content of 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 related to the Products.
14.4 You agree to notify us of any suspected infringement of Intellectual Property Rights that belong to us.
14.5 You are not allowed to use our trademarks without our prior written permission unless they are part of material that you use (and exactly reproduce) as permitted under paragraph 13 above.
15. Privacy
15.1 Our Privacy Policy is part of these Conditions under which you may visit and use our Website.
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 consent to our use of cookies for this purpose. More information about cookies can be found in our Privacy Policy.
15.3 If you provide us with your personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data against unauthorized and unlawful processing and against accidental loss, destruction, or damage.
15.4 Unless specific precautions are appropriate or otherwise agreed in writing, information and documents arising as part of the sale of the Products may be shared among us and, in particular, such information and documents may be accessible electronically to all our employees, officers, consultants, or agents.
16. Viruses
16.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software.
16.3 You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
16.4 You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.
16.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
16.6 If we believe that you have breached the provisions of this paragraph 16, your right to use our Website will be terminated immediately. We may report any breach to the relevant law enforcement authorities, and we will do so if we are required to do so by applicable law.
17. Liability
17.1 Subject to paragraph 17.13, we disclaim all liability to the extent maximum permitted by law, and do not take any responsibility, for losses to you or any other person arising from:
(a) third-party content or user content;
(b) our content, and in particular of the accuracy, completeness, or current status of our content;
(c) the Products, and in particular of the quality, images, description, or specifications, conformity with the description, and reasonable suitability for the purpose of the Products;
(d) reliance on information included or functionality provided on or through these Terms or our Website;
(e) the inability to access the Website or any part thereof, or access is interrupted or partially, or functions with errors, at any time; and
(f) any failure by us to fulfill obligations, or delay in fulfilling obligations, whether or not we notify this in advance, if and to the extent the failure or delay is caused by a circumstance beyond our reasonable control, and includes telecommunications outages, power outages, terrorism, fuel strikes, severe weather, computer failure, failure to meet delivery requirements by suppliers, labor disputes, and the absence of staff due to illness or injury, and the time for the performance of an obligation, the performance of which is thus affected, will be extended accordingly.
17.2 We are not liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profit, loss of business opportunities, loss of goodwill, loss of anticipated savings or benefits, or for any form of indirect, special, or consequential damage, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of the occurrence of that loss or damage.
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 otherwise not expressly excluded under these Terms and Conditions, is limited to and capped at the higher of US$1000 or a multiple of five times the price you paid for the Products giving rise to the liability. The amount of this liability limitation will be reduced by the amount of any unpaid amounts owed to us.
17.4 Any claim by either party for breach of contract, tort (including negligence), breach of a 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 negligence that would have caused the loss or costs.
17.5 Except to the extent claims cannot be excluded or limited by law, no claims arising out of or in connection with these Terms and Conditions may be personally brought by you against any of our employees, officers, consultants, or other representatives 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 implied by statute, common law, custom, trade usage, course of dealing, or otherwise (including implied undertakings of satisfactory quality, conformity with description, and reasonable suitability for purpose) are excluded to the extent maximum permitted by law.
17.7 Only one claim against us (including our employees, officers, or consultants) may be brought arising from one act or negligence. One act or negligence includes one series of related acts or negligences, the same act or negligence in a series of related matters or similar acts or negligences in a series of related matters, and includes all claims arising from one matter.
17.8 The limitations in this paragraph 17 apply to our total liability to you (including all other third parties to whom we become liable, with or without our consent) in relation to a claim, and you and all those other persons may together only once bring a claim against us in relation to the same loss.
17.9 Where a liability limitation applies, regardless of the amount, the limitation applies to the full performance of services or delivery of Products by us, and there will be no separate aggregated liability limitations applicable to you, a group company to which you belong, and all persons designated by a business user.
17.10 If we are jointly and severally liable with another party, we are only liable to pay you the part reasonably attributable to our fault. We are not liable to pay you the part attributable to the fault of another party for which that other party would otherwise be liable.
17.11 Any liability of us to you is reduced by the portion for which another party would have been found liable if
(a) you had also brought a proceeding or made a claim against that other party; or
(b) we had brought a proceeding or made a claim against that other party under the Civil Liability (Contribution) Ordinance or a similar law under another relevant jurisdiction.
17.12 In assessing whether other parties may be liable to you, no account should be taken of your inability to take remedies against another party due to statute of limitations against that party, or the lack of means of the party or the party's recourse to exclusions or limitations of liability or the fact that the other party has ceased to exist.
17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability
(a) for death or personal injury resulting from our negligence;
(b) for fraud or reckless disregard of professional obligations;
(c) for any other liability that cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including limitations on our right to limit our liability; and
(d) in any other case, to limit our liability to less than the minimum amount that may be required in the circumstances under any other law or regulation that is relevant to the claim, in which case that minimum amount is deemed to replace the amount that would otherwise apply.
17.14 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms and Conditions.
18. Indemnification
18.1 You will, upon request, fully indemnify the Indemnified Parties, and keep the Indemnified Parties fully indemnified, from and against all claims, costs, and losses of any kind that the Indemnified Parties may suffer or incur as a result of or in connection with:
(a) any material breach of the provisions of these Terms and Conditions by you;
(b) any fraud, negligence, misconduct, or reckless carelessness in or with respect to your obligations under these Terms; and
(c) your use of our Website.
18.2 We have the right to recover all out-of-pocket costs that we reasonably incur in connection with an indemnified claim from you, and all such costs will be payable upon request.
19. Force Majeure Event
19.1 If a Force Majeure Event lasts longer than a week, we may immediately terminate the Terms and Conditions by written notice and without any liability other than a refund of the already paid and not yet delivered Product.
19.2 We reserve absolute discretion regarding the solution we choose to fully comply with our obligations under these Terms and Conditions if a Force Majeure Event occurs.
20. Variations
20.1 We may amend these Terms and Conditions from time to time. We will notify you in advance of significant changes that we believe may have adverse effects on you. We will notify you of any changes to these Terms and Conditions. The Terms and Conditions in force from time to time apply to your use of our Website and all Products offered through our Website.
20.2 If you do not agree with revised Terms and Conditions, you must stop using our Website or purchasing our Products.
20.3 If you have given your express consent and approval to these Terms, we will ask you for your express consent and approval for any revisions to these Terms before your first purchase of Products after the revision has come into effect. If you have not given your express consent to the revised Terms within a period indicated by us, you must cease 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 an Order;
(d) refuse to receive any payment from you;
(e) permanently deny you access to our Website;
(f) block computers using your IP address from accessing our Website;
(g) contact one or more of your internet service providers and request them to block your access to our Website; or
(h) take legal action against you, either for breach of contract or otherwise.
21.2 If we suspend or prohibit or block your access to our Website or any part of our Website, you must not take any action to circumvent such suspension, prohibition, or blocking.
22. Termination and Suspension
22.1 You can stop using the Website at any time.
22.2 We may suspend the provision of the Website at any time, with or without 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 causes or threatens to cause legal liability of any kind, or otherwise disrupts the use of the Website by others.
22.4 If we suspend or terminate your access to the Website, we will try to notify you in advance. Nevertheless, we may, at our discretion, immediately suspend or terminate your access to the Website without prior notice.
22.5 We do not guarantee that our Website will always be available or operate uninterrupted. We may discontinue, suspend, withdraw, or limit the availability of our Website in whole or in part for business or operational reasons. We will try to reasonably notify you of a suspension or withdrawal. You will have no right to any compensation or other payment upon the discontinuation, suspension, withdrawal, or modification of the Website.
23. Consequences of Termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide customer support will immediately end.
23.2 Under no circumstances will you be entitled to claim any compensation for loss of rights, loss of goodwill, or any other damage upon termination of these Terms and Conditions for any reason.
23.3 Termination of these Terms and Conditions does not prejudice any other right that has already arisen and will not affect the provisions of these Terms and Conditions that, in accordance with their provisions, are expressly intended to come into force or continue thereafter. Paragraphs 17 (Liability) and 18 (Indemnification) will also remain in force after termination of these Terms and Conditions.
24. General Provisions
24.1 You may not transfer any of your rights under these Terms and Conditions.
24.2 The rights, powers, and remedies provided in these Terms 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 applicable law, that provision shall be valid and enforceable to the extent permitted by that law. The invalidity or unenforceability of such a provision does not affect the validity or enforceability of any other provision.
24.5 The failure or delay in exercising a right, power, or remedy provided in these Terms and Conditions or by law does not constitute a waiver of that right, that power, or that remedy. If we waive a breach of a provision of these Terms and Conditions, this does not constitute a waiver of a subsequent breach of that provision, or a waiver of a breach of another provision.
24.6 The exercise of the parties' rights under these Terms and Conditions is not dependent on the consent of a third party.
24.7 These Terms and Conditions are for our benefit and for your benefit, and are not intended to benefit or be enforceable by any third party.
25. Applicable Law
25.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and interpreted in accordance with the laws of Hong Kong.
25.2 Any dispute, controversy, difference, or claim (including non-contractual disputes or claims) arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute concerning non-contractual obligations arising out of or relating to these Terms and Conditions, will be referred to and finally resolved by arbitration administered by Hong Kong in force at the time the Arbitration Notice is submitted. This arbitration clause is governed by the law of Hong Kong. The place of arbitration is Hong Kong. The number of arbitrators is one. The arbitration procedure will be conducted in English.
26. Interpretation
26.1 In these Terms and Conditions:
"Contract" means your order of a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with paragraph 4.3;
"Customer" means any person placing an Order on the Website;
"Delivery Address" means the delivery address as stated in the relevant Order;
"Estimated Delivery Date" means an estimated delivery date of an Order;
"Force Majeure Event" any event or circumstance that leads to or results from a failure or delay for us in the performance of any obligation under these Terms and Conditions that is caused or results from a cause beyond our control that was not due, or significantly attributable to, any failure of us to exercise due care to prevent such failure or delay, and includes war or threat of war; an act of God; natural or nuclear disaster; riot or civil unrest; pandemic; terrorist act; malicious damage; fire or flood; compliance with a new law or order of a governmental body or judicial authority; closure of airports or ports; or a trade dispute unrelated to the party affected by the event or circumstance causing the stoppage or delay of work;
"Indemnified Parties" means us, any affiliated company and their respective executives, employees, contractors, and representatives."Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of a similar nature;
"Order" means the order submitted by you through our Website to purchase a Product or Products from us;
"Order Confirmation" means our email to you, confirming your Order in accordance with paragraph 4.3;
"Payment Intermediary" means a third party that provides payment processing services and is used by us;
"Product" means a product offered on our Website;
"Website" means the website;
"Website Infrastructure" means all our systems (including code) that facilitate, provide, or describe the Website;
26.2 References to "paragraphs" are references to paragraphs of these Terms and Conditions.
26.3 Headings are for clarification only and do not affect the interpretation or construction of these Terms.
26.4 Words indicating the singular also include the plural and vice versa. Words indicating a gender include every gender and references to persons include an individual, company, corporation, firm, or partnership.
If you have any questions or comments about these Terms and Conditions, Website, or Products, please email us.