Terms & Conditions

1 Introduction

1.1

These Terms apply to the use of our Website or the purchase of Products offered via our Website.

1.2

Defined terms and interpretations for these Terms are set out in clause 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 capacity 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 capacity to agree to these Terms.

2.3

You represent and warrant that you have not: (a) been convicted of any 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 read these Terms carefully and in full; (b) your offer to purchase the Order solely in accordance with these Terms; (c) your agreement that any order confirmation is made solely on the basis of these Terms; and (d) your agreement to be bound by these Terms.

2.6

If you do not agree to these Terms, you must not use the Website and must not purchase any Products.

2.7

You must expressly agree to these Terms 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: (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 to these Terms and Conditions, you cannot place an order or communicate with us.

3 Personal use

You acknowledge that you will use the Website only to purchase Products for your own personal and non-commercial use, as principal and not as an agent or on behalf of any other person.

4 Price

4.1

Prices for Products on our Website include delivery costs but exclude any fees, taxes, duties, levies or similar governmental charges (“duty unpaid and untaxed”).

4.2

All duties, fees, levies, taxes (including any applicable import charges and, where relevant, GST) or other governmental charges and declarations for the importation of the Products to the delivery address are your responsibility, are at your expense, and are not included in the price of the Products. All deliveries may, in individual cases, result in other costs for which the seller is not responsible and which are borne by the customer. In addition to shipping costs, these include costs for import duties or consumption tax/GST. As the goods are shipped from a country outside Australia (China), our customer service must be consulted as to whether customs duties apply to a product before the order is placed. 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 correct payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country. As the rules for importing goods vary from country to country, you should check your country’s customs and import duties before placing your order. It is the buyer’s responsibility, upon receipt of the goods, to fully check that all laws and regulations of the importing country have been complied with.

4.3

We will use our best endeavours to ensure that all details, descriptions and prices of the Products shown 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 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 receive a full refund. If you choose to reconfirm your order, we will arrange delivery of your order and 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 not obliged 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 constitutes our confirmation of receipt 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 for the order.

5.2

A Contract is formed only when we have sent you an Order Confirmation and only in relation to the Product(s) listed in the Order Confirmation. These Terms form part of the Contract and are incorporated to the exclusion of all other terms.

5.3

If your order consists of more than one Product, the Products may be delivered to you in separate deliveries at different times.

5.4

We reserve the right at any time to remove Products from the Website. We also reserve the right to edit or remove any material or content from the Website. We will not be liable to you or any third party for removing any Product from our Website, or for editing or removing any material or content from our Website.

5.5

We reserve the right to refuse or reject any order you place at any time (even after we have sent an order confirmation). We will 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 through one of the payment intermediaries listed on our Website.

6.2

You may also pay for your order in whole or in part using 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 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 yours; (b) where applicable, you are the lawful 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 those cards have been reported as stolen. We have the right to inform all relevant authorities (including credit reference agencies) of fraudulent payments or other unlawful activity.

6.7

You will not: (a) reverse or attempt to reverse any payment you have made in relation to Products; or (b) reverse any payment you have made in relation to Products.

6.8

You will fully indemnify us and keep us fully indemnified 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 specified when placing your order.

7.2

We provide an estimated delivery date when you check out your order.

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 be unable to 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 as a result of a breach of your obligations under these Terms. Risk passes at the time delivery would have occurred 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 fail to receive or collect the order from the carrier, we may charge you all costs and other expenses that we reasonably incur in returning the order to the sender, without prejudice to any other rights or remedies available to us.

7.8

Goods are dispatched within 2–120 days after receipt of payment. The standard delivery time is 20–30 business days, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The owner does not dispatch directly. The order is dispatched by the manufacturer once the entire order is in stock there.

7.9

All duties, costs, customs duties, taxes (including GST where applicable) or other governmental charges and declarations for the importation of the Products to the delivery address are your responsibility, are at your expense, and are not included in the price of the Products. All deliveries may, in individual cases, result in other costs for which the seller is not responsible and which are borne by the customer. In addition to shipping costs, these include costs for import duties or consumption tax/GST. As the goods are shipped from a country outside Australia (China), our customer service must be consulted as to whether customs duties apply to a product before the order is placed. 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 correct payment of duties and/or import duties and must fully comply with all laws and regulations of the importing country. As the rules for importing goods vary from country to country, you should check the customs duties and GST on importation in your country before placing your order. It is the buyer’s responsibility, upon receipt of the goods, to fully check 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 may cancel or amend it by sending us an email.

8.2

Once an order has been packed, it can no longer be cancelled or amended; instead, the order must be returned to us in accordance with clause 10 below. As our goods are shipped from Asia, longer transit times may occur which are 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. Of course, you may notify us of your cancellation in advance. To guarantee you the fastest possible 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 were not received.

8.3

As we operate a fully automated system, orders are activated immediately after dispatch. Therefore, unfortunately we cannot interrupt the dispatch process until delivery, so 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 made to 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 email us 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 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 costs 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 shipment of the defective Product to us. We will pay this amount to you by depositing it into the account from which we received payment and 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 and may require you to pay reasonable service fees and charge them to the payment method used for the order. We will not be liable to you for any loss, liability, costs, damage, charges or expenses arising out of this clause to the extent permitted by law.

10 Returns and refunds

10.1

Our returns 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 an email informing us of the Product to be returned and return the Product to us. The withdrawal period is 30 days from the day on which you, or a third party nominated by you who is not the carrier, received or took possession of the last Product.

10.3

Returns and costs are at the customer’s expense.

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 will ensure that the Product is shipped back to us in the same condition in which you received it and that it is well packaged. The Product must be unused, the labels must not have been tampered with, and the Product must be in the original packaging. If a Product is returned to us in an unsuitable condition, we reserve the right not to accept the return of the Product.

10.6

Our processing time for returns depends on your order.

10.7

If we are satisfied with the condition of the returned Product, we will send you an email approving your return. After we have sent you a message that your return has been approved, the amount will be refunded shortly to the payment method used for the order.

10.8

The return is completed when we have received the physical goods.

10.9

As our goods are shipped from Asia, longer transit times may occur which are 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. Of course, you may notify us of your cancellation in advance. To guarantee you the fastest possible 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 were not 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 earn 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 paid a portion via a separate payment method, that portion 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 to copy, store, host, transmit, send, use, publish or distribute any material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;
(d) systematically or automatically collect data (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 through any robot, spider or other automated means;
(f) breach the directives 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 mail);
(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 Website infrastructure directly or indirectly to initiate, spread, participate in, lead or attempt to hack or to send bandwidth-flooding, malicious or potentially harmful network messages to a Device, whether or not owned by us;
(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access 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 to provide benchmarking or comparative product study to any 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 any paper or digital copy of any material printed or copied from our Website;
(p) use the Website in a 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 any damage, loss, liability, costs or expenses suffered or incurred by us as a result of or in connection with any 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 privacy, personal data protection, confidentiality or intellectual property rights or other rights of any person; and
(d) is not offensive, harmful, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

12.5

You will promptly provide us with all documents or other information that we request to verify your identity. You will promptly update all information you provide to us so that all your information with us is complete and accurate at all times.

12.6

You must comply with all applicable laws relating to your use of the Website and it is solely your responsibility to ensure that you comply with such laws, whether based on your country of residence, the place where you visit the Website or otherwise.

12.7

Email us if you discover any material or activities on our Website that breach these Terms.

13 Website links

13.1

Links from our Website to other websites and third-party resources are provided for information only. Links from our Website to other websites and resources must 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 in or control over the content of other websites and resources that are 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 our reputation or take advantage of it.

13.4

You must not link in a way that suggests any form of association, approval or endorsement on our part where none exists.

13.5

You must not link to our Website from any website you do not own.

13.6

You must not frame our Website on any other website, nor may you 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 comply in all respects with the content standards set out in our acceptable use policy (see clause 12 above).

13.9

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 the 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. 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 must not use our trade marks without our prior written consent, unless they form 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 on which you may visit and use our Website.

15.2

We use cookies on our Website. We also use cookies to determine how our customers prefer to view our Website. By accepting these Terms, you also consent to our use of cookies for this purpose. For more information about cookies, see our Privacy Policy.

15.3

If you provide us with your personal data, we will process that personal data in accordance with your instructions from time to time and we will take reasonable security measures to protect that personal data against unauthorised and unlawful processing and against accidental loss, destruction or damage.

15.4

Unless special precautions have been taken or otherwise agreed in writing, information and documents arising in the course of the sale of the Products may be shared by us and, in particular, such information and documents in electronic form may be accessible to our employees, officers, advisers or agents.

16 Viruses

16.1

We do not warrant that our Website is secure or free from bugs or viruses.

16.2

You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own antivirus software.

16.3

You must not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

16.4

You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.

16.5

You must not attack our Website via a denial of service attack or a distributed denial of service attack.

16.6

If we believe you have breached any of the provisions of this clause 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 where required by applicable law.

17 Liability

17.1

Subject to clause 17.13, we disclaim all liability to the 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 their quality, images, description or specifications, conformity with description and reasonable fitness of the Products for a particular purpose;
(d) reliance on information in these Terms or on our Website or on features offered in these Terms or on our Website;
(e) inability to access the Website or any part of it, or that access is interrupted at any time or is partial or operates with errors; and
(f) any failure or delay in performing an obligation by us, whether or not we have been notified in advance, if and to the extent that the failure or delay is caused by a circumstance beyond our reasonable control, including telecommunications failures, power failures, terrorism, fuel strikes, severe weather, computer failures, supplier delivery problems, industrial disputes and absence of staff due to illness or injury, and the time for performance of an obligation affected by this will be extended accordingly.

17.2

We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss of profit, loss of business opportunity, loss of goodwill, loss of savings or benefit 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 arising.

17.3

Our liability arising directly or indirectly under these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions) or not expressly excluded under these Terms and Conditions is limited to the greater of $1000 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 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 must be brought within one year of the act or omission that would have caused the loss or expense.

17.5

Except to the extent that claims cannot be excluded or limited by law, no claim may be brought by you 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 guarantees, conditions, terms, undertakings and obligations implied 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 an act or omission. 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 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, with or without our consent, be held liable) in respect of a claim and you and all such other persons may together only hold us liable once in respect of the same loss.

17.9

Where a limitation of liability applies regardless of amount, the limitation applies to the entire provision of services or supply of products by us and there are no separate aggregated limitations of liability applicable to you, any group company of which you form part, and any person designated 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 the portion that is reasonably attributable to our fault. We are not obliged to pay you the portion attributable to the fault of another party for which that other party would otherwise be liable.

17.11

Any liability of ours to you will be reduced by the portion for which another party would have been liable if either: (a) you had also brought proceedings or a claim against that other party, or (b) we had brought proceedings or a claim against that other party under the Civil Liability (Contribution) Ordinance or similar law in another relevant jurisdiction.

17.12

In assessing whether other parties are liable to you, no account will be taken of your inability to pursue remedies against another party because actions against that party are time-barred, the party has insufficient funds, 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 do not affect our liability:
(a) for death or personal injury resulting from 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 is deemed to replace the amount that would otherwise apply.

17.14

These provisions are an exhaustive statement of the remedies available under or in connection with these Terms to any party or any third party against any party.

18 Indemnity

18.1

You will, on request, fully indemnify and keep the Indemnified Parties fully indemnified against all claims, costs and losses of any kind suffered or incurred by the Indemnified Parties arising out of or in connection with:
(a) any material breach by you of the provisions of these Terms;
(b) fraud, negligence, misconduct or recklessness relating to your obligations under these Terms; and
(c) your use of our Website.

18.2

We are entitled to recover from you all out-of-pocket costs that we have reasonably incurred in connection with an indemnity claim and all such costs must be paid on demand.

19 Force majeure

19.1

If a Force Majeure event continues for longer than one week, we may terminate the Terms and Conditions immediately 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 to fully perform our obligations under these Terms 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 a negative effect on you. We will notify you of changes to these Terms. The then-current Terms apply to your use of our Website and all products offered via our Website.

20.2

If you do not agree to the amended Terms, you must stop using our Website or purchasing our Products.

20.3

If you have given your express consent to these Terms and Conditions, we will ask for your express consent to review these Terms and Conditions before you purchase Products for the first time after the amendment takes effect. If you do not expressly consent and agree to the revised Terms 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, if you breach these Terms in any way, or if we reasonably 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) stop processing an order;
(d) refuse to accept 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 that they block your access to our Website; and/or
(h) bring legal proceedings 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 that 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 causing legal liability of any kind, or interferes with 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, 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 any suspension or withdrawal. You have no right to any compensation or other payment if the Website is discontinued, suspended, withdrawn or changed.

23 Effects of termination

23.1

Upon termination of these Terms and Conditions, any obligation to provide Services to the Customer will immediately cease.

23.2

Under no circumstances are you entitled to any compensation from us for loss of rights, loss of goodwill or any other loss resulting from termination of these Terms for any reason.

23.3

Termination of these Terms does not affect any other right that has already arisen and does not prejudice provisions of these Terms that by their wording are intended to apply or take effect afterwards. Clauses 17 (Liability) and 18 (Indemnity) also continue after termination of these Terms.

24 General provisions

24.1

You may not assign your rights under these Terms.

24.2

The rights, powers and remedies in these Terms are (unless expressly stated) 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 is limited in any way by any applicable law, that provision is 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

Failure or delay in exercising any right, power or remedy provided by these Terms or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms, this will 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 is not dependent on the consent of any third party.

24.7

These Terms are for the benefit of us and you and are not intended to benefit or be enforceable by any third party.

25 Governing law

25.1

These Terms, 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, including the existence, validity, interpretation, performance, breach or termination of the same or any dispute relating to non-contractual obligations arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration administered by Hong Kong in force at the time the notice of arbitration is submitted. Hong Kong law applies to this arbitration clause. The seat of arbitration is Hong Kong. The number of arbitrators is one. The arbitration shall be conducted in the English language.

26 Company details

Email: info@themuselabel.com

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 who places an order on the Website; “Delivery Address” means the delivery address stated 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 us being unable to perform, or being delayed in performing, an obligation under these Terms and that is the result of a cause beyond our reasonable control and not attributable to our failure to take 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 unrelated to the party affected by the event or circumstance causing the interruption or delay; “Indemnified Parties” means us, any Affiliate and their respective officers, employees, contractors and agents. “Intellectual Property Rights” means all intellectual property rights, including patents, trade marks, design rights, copyright, 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 processing payments; “Product” means a product offered on our Website; “Website” means the website; “Website Infrastructure” means all our systems (including code) that enable, deliver or describe the Website.

27.2

References to “clauses” are references to clauses of these Terms.

27.3

Headings are for convenience only and do not affect the interpretation or construction of these Terms.

27.4

Words in the singular include the plural and vice versa. Words denoting gender include every gender and references to persons include individuals, companies, businesses or partnerships. Email us if you have any questions or comments about these Terms, the Website or the Products.