TERMS & CONDITIONS OF SALE ("Conditions")
VERSION DATE: June 20, 2009
1.SCOPE & APPLICATION
1.1
THESE CONDITIONS OF SALE ("CONDITIONS") APPLY TO ALL OFFERS, SALES AND PURCHASES OF PRODUCTSINCLUDING Band Boxset and Accessary )("PRODUCTS") OR SERVICES ("SERVICES") WHICH ARE SOLD THROUGH THE
WEBSITE ON WHICH WE POST THESE CONDITIONS ("SITE") BY: (A)
US,Eluxuryblog.com. (REFERENCES TO "US", "WE" OR "OUR" BEING CONSTRUED
ACCORDINGLY) THE SELLER, TO (B) YOU, THE PURCHASER (REFERENCES TO "YOU"
OR "YOUR" BEING CONSTRUED ACCORDINGLY).
2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1
Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not
constitute an offer and may be withdrawn or revised at any time prior
to our express acceptance of your order (as described below).
2.2
While
we make every effort to ensure that items appearing on the Site are
available, we cannot guarantee that alL items are in stock or
immediately available when you submit your order. We may reject your
order (without liability) if we are unable to process or fulfil it. If
this is the case,we will ask you exchange to antoher Handbags or items or refund any prior payment that you have made for that item
2.3
An
order submitted by you constitutes an offer by you to us to purchase
Products or Services on these Conditions and is subject to our
subsequent acceptance
2.4
Prior
to such acceptance, an automatic e-mail acknowledgement of your order
may be generated. Please note that any such automatic acknowledgement
does not constitute a formal acceptance of your order.
2.5
Our
acceptance of your order takes effect and the contract concluded at the
point where such offer is expressly accepted by us dispatching your
order/commencing Services and accepting your credit card or other
payment ("Acceptance").
2.6
We
may keep records of orders received, acknowledgements, acceptances and
other contract records for a reasonable period after Acceptance. We may
be able to provide you with copies on written request; however you must
make sure you print a copy of all such documents and these Conditions
for your own records.
3.
YOUR REPRESENTATIONS
3.1
You
represent that information provided by you when placing your order is
up-to-date materially accurate and is sufficient for us to fulfil your
order.
3.2
You
are responsible for maintaining and promptly updating your account
information with us for accuracy and completeness and keeping such
information (and any passwords given to you for the purposes of
accessing the Site and/or purchasing Products) secure against
unauthorised access.
3.3
Unless
agreed otherwise or required by applicable law, any warranties provided
in relation to Products or Services only extend to you on the
understanding that you are not only a user but also a reseller of those
Products or Services.
4.PRICE AND TERMS OF PAYMENT
4.1
Prices
payable for Products or Services are those in effect at the time of
dispatch or delivery, unless otherwise expressly agreed. Prices may be
indicated on the Site or an order acknowledgement but the authoritative
price in the event of any discrepancy, is the price that is notified to
you on our Acceptance.
4.2
We
have the right at any time prior to our Acceptance to withdraw any
discount and/or to revise prices to take into account increases in
costs including (without limitation) costs of any materials, carriage,
labour or the increase or imposition of any tax, duty or other levy and
any variation in exchange rates. We also reserve the right to notify
you of any mistakes in Product descriptions or errors in pricing prior
to product dispatch. In such event if you choose to continue with
fulfilment of the order, you acknowledge that the Product or Service
will be provided in accordance with such revised description or
corrected price,Or We’ll giving you the full refund (not include the
charge which our bank charge us when you make payment 5% of total
amount )if you won’t continue with fulfilment of the order
4.3
The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified Via email
4.3.1
exclusive
of the costs of shipping or carriage to the agreed place of delivery
within the Territory (charges for which are stated on the Site);
4.4
Payment
shall be made prior to delivery and by such methods as are indicated on
the Site (and not by any other means unless we have given our prior
agreement).
4.5
Except
as expressly provided elsewhere in these Conditions or the Site,
payment may be taken in full notwithstanding any claim for short
delivery or defects.
4.6
Our
Bank Charge credit or debit cards on dispatch of the Product or
commencement of Services.But We reserve the right to ask For our Bank
to verify credit or debit card payments prior to Acceptance.
4.7
Where
the payment is invoiced, each invoice shall be due on and made in full
within thirty (30) days of the date of relevant invoice. If at any time
you fail to pay any amount due on the relevant due date, we may by
notice declare all invoiced amounts unpaid at that date to be
immediately due and payable.
4.9
Any
extension of credit allowed to you may be changed or withdrawn at any
time. Interest shall be chargeable on overdue amounts accruing on a
daily basis at the maximum amount permitted under applicable law from
the due date for payment until our receipt of the full amount (whether
before or after judgement). You shall indemnify us on demand against
any out of pocket expenses incurred in relation to recovery of any
overdue amounts.
6.DELIVERY AND RIST
6.1
Delivery
timescales/dates specified on the Site, in any order acknowledgement,
acceptance or elsewhere are estimates only. While we endeavour to meet
such timescales or dates, we do not undertake to dispatch Products
and/or commence Services by a particular date or dates and shall not be
liable to you in respect of delays or failure to do so
6.2
Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address").
You must check the Delivery Address on any acknowledgement or
acceptance we provide and notify us without delay of errors or
omissions. We reserve the right to charge you for any extra costs
arising from changes you make to the Delivery Address after you submit
an order.
6.3
If
you refuse or fail to take delivery of Products provided in accordance
with these Conditions, any risk of loss or damage to the Products shall
nonetheless pass and without prejudice to any other rights or remedies
we have.
6.3.1
We
shall be entitled to immediate payment in full for the Products or
Services delivered and either to effect delivery by whatever means we
consider appropriate or to store Products at your risk;
6.3.2
You
shall be liable pay on demand all costs of Product storage and any
additional costs incurred as a result of such refusal or failure to
take delivery;
7.REJECTION, DAMAGE OR LOSS IN TRANSIT
7.1
Except
as set out above or under any applicable Returns Policy and subject to
any rights you have under applicable law that cannot be excluded or
limited by these Conditions:
7.1.1
we shall not be liable and you shall not be entitled to reject Products or Services, except for:
(a)
damage
to or loss of Products or any part thereof in transit (where the
Products are carried by our own transport or by a carrier on our
behalf) where notified to us within 5 working days of receipt of the
Products;
(b)
defects
in Products (not being defects caused by any act, neglect or default on
your part) notified in writing to us within 7 days of receipt of the
Products
(c)
defective
performance of Services (not being defects caused by any act, neglect
or default on your part) where notified in writing to us within 5 days
of such defect becoming apparent.
7.1.2
we
shall not be liable for any damage or losses arising from defective
installation of the Products; from the use of the Products in
connection with other defective, unsuitable or defectively installed
equipment; your negligence; improper use or use in any manner
inconsistent with the Eluxuryblog.com’s specifications or instructions.
7.1.3
where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
(a)
in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
(b)
in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
(c)
in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
(i)
Replace or repair the Product upon you returning the Product; or;
(ii)
refund the price paid in respect of any Products found to be damaged or defective.
11.
WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE Eluxuryblog.com WITH THE PRODUCTS;
11.1
All
Product specifications, illustrations, drawings, particulars,
dimensions, performance data and other information on the Site or made
available by us are intended to represent no more than a general
illustration of the Products and do not constitute a warranty or
representation by us that the Products will conform with the same. You
must refer to Eluxuryblog.com to determine your rights and remedies in
this regard.
11.2
You
will have the benefit of the Eluxuryblog.com’s warranty with the Products
supplied and should refer to the relevant documentation supplied with
the Product in this regard. (If applicable, a Returns Policy may also
set out procedures applicable to repairs or replacement of defective
Products delivered.)
11.3.1
Products have been repaired or altered by persons other than the manufacturer, us or any authorised dealer; and/or
11.3.2
defective
Product or Products have not been returned together with full details
in writing of the alleged defects within 30 days from the date on which
such Products were delivered; and/or
NOTICES
13.1
Any
notice or other communications in relation to our contract may be given
by sending the same by hand delivery, pre-paid post, fax or e-mail to
the latest address and contact that one party has notified in writing
to the other. This will also be the address for service of legal
proceedings in the manner prescribed by law. Except as set out above in
relation to cancellation of consumer orders, such notices or
communications (where properly addressed) shall be considered received:
13.1.1
In
relation to hand delivery, on the date of delivery at the relevant
address (or, if this is not a working date, the first working date
thereafter);
13.1.2
If posted, 5 working days after the date of posting;
13.1.3
If
by fax, on the date of the transmission as evidenced by a successful
transmission contact report (or, if this is not a working date, the
first working date thereafter).
13.1.4
If
sent by email, on the earliest of (i) the email being acknowledged by
the recipient as received; (ii) receipt by the sender of an automated
message indicating successful delivery or the email having been opened;
or (iii) the expiry of 48 hours after transmission, provided that the
sender has not received notification of unsuccessful transmission.
14.
GENERAL
15.1
You
shall not assign, transfer, charge or make over or purport to assign
transfer charge to make over your rights under these Conditions
15.2
We
shall not be liable to you nor held in breach of contract for any loss
or damage which may be suffered as a direct or indirect result of us
being prevented, hindered or delayed in the performance by reason of
any circumstances beyond our reasonable control including (but not
limited to) any act of God, war, riot, civil commotion, government
action, explosion, fire, flood, storm, accident, strike, lock-out,
trade dispute or labour disturbance, breakdown of plant or machinery,
interruption in the supply of power or materials and in such event we
may elect to cancel your order and refund any payments made.
15.3
You
acknowledge that these Conditions supersede and cancel all previous
contracts, agreements and working arrangements whether oral or written,
express or implied, between us. These Conditions prevail over any other
terms or conditions contained in or referred to elsewhere or implied by
trade, custom or course of dealing. Any purported terms or conditions
to the contrary are hereby excluded to the fullest extent legally
permitted. To the fullest extent permitted under applicable law, we
reserve the right to modify these Conditions upon prior written notice
to you with effect for the future - subject to your right to reject, by
way of written notice, our modifications to these Conditions with
respect to any orders for which Acceptance, but not yet fulfilment, has
occurred.
15.4
No
relaxation, forbearance, delay or indulgence by either you or us in
enforcing any of these Conditions or the granting of time by either
party to the other shall prejudice or restrict such rights and powers.
15.5
No
waiver of any term or condition of these Conditions shall be effective
unless made in writing and signed by us. The waiver of any breach of
any Condition shall not be construed as a waiver of any subsequent
breach or condition.
15.6
If
for any reason we determine or a court of competent jurisdiction finds
that any provision or portion of these Conditions to be illegal,
unenforceable, or invalid under applicable law in a particular
jurisdiction
15.6.1
these
Conditions will not be affected in other jurisdictions to the extent
that such determination or finding has no application; and
15.6.2
in
the relevant jurisdiction, the remainder of these Conditions (to the
fullest extent permitted by law) will continue in full force and effect.
16.
GOVERNING LAW
16.1
The
construction validity and performance of these Conditions shall be
governed by HongKong Law who in the event of legal proceedings arising
from any dispute;
16.2
The language of any dispute resolution procedure or any proceedings will be English.
