A: Terms of Website Use
OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights in this website and its contents (including design, text, logos, trade names, graphics, photographs, software and any other material) are owned by us. Anyone may view this website and print pages from it for personal use only, for browsing our Products and placing an order with us. Any other use is strictly prohibited without our prior written consent. You must not copy, distribute or modify any of the content of this website in connection with any business or commercial enterprise.
YOUR USE OF THE WEBSITE
You must not corrupt the website, flood it with information causing it to malfunction or use any features which may affect the website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk emails) is also forbidden. We will not be liable for any loss or damage which you suffer as a result of any harmful material infecting your computer, data or other material due to your use of our website.
B: Terms of Sale
We draw your attention to these terms and conditions which apply whenever you purchase Products listed on our website www.bookofdeer.com. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By placing an order you agree to be bound by these terms and conditions.
1. ABOUT US
We operate the website www.bookofdeer.com. We are Doe Eye Design ltd, a company registered in Hong Kong under company number 53296563-000-11-10-7 and with our registered office at 3BCD, Fook Yee Building, 324-330A Lockhart Road, Wan Chai, Hong Kong.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. OUR CONTRACT
3.1 After placing an order, you will receive an acknowledgement e-mail from us confirming receipt of your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We reserve the right to refuse to supply Products to any person
3.2 We may contact you by telephone or email to verify details before we are able to process and dispatch your order. For example, we may do this if your order is of a particularly high value or quantity.
4. YOUR RIGHTS
4.1 You may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable and at your own cost. You have a legal obligation to ensure the Products are in re-saleable condition and in their original packaging with all relevant labels remaining attached while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 For the purposes of clause 4.2, our contact details are: 3BCD, Fook Yee Building, 324-330A Lockhart Road, Wan Chai, Hong Kong. Email: firstname.lastname@example.org
4.4 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) Products on sale;
(b) Under garments, intimates and other related items; and
(c) Limited edition Products.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Time is not of the essence for delivery or performance which means that we will not be liable for the consequences of any delay.
6. RISK AND TITLE
The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
7.4 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8. OUR REFUNDS POLICY
If you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you consider that the Product is defective provided that the defect is not caused by usual wear and tear, damage caused deliberately or accidentally or your own negligence or misuse or your failure to follow Product instructions), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We warrant to you that any Product purchased from us through our site are of satisfactory quality and are reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 SUBJECT TO CLAUSE 10.3, TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE PRODUCTS OR THIS CONTRACT, WE SHALL ONLY BE LIABLE TO YOU FOR TWO TIMES THE PURCHASE PRICE OF THE PRODUCTS AND, SUBJECT TO CLAUSE 10.2, ANY LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF OUR BREACH IN CONTRACT.
10.2 SUBJECT TO CLAUSE 10.3, WE WILL NOT BE LIABLE FOR ANY INDIRECT OR SPECIAL LOSSES THAT RESULT FROM ANY MAIN LOSS OR DAMAGE WHICH WE OR YOU COULD NOT REASONABLY ANTICIPATE. SUCH LOSSES INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
(A) LOSS OF INCOME OR REVENUE;
(B) LOSS OF BUSINESS;
(C) LOSS OF PROFITS; OR
(D) LOSS OF SAVINGS.
10.3 NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
(B) FRAUD OR FRAUDULENT MISREPRESENTATION;
(C) ANY BREACH OF THE OBLIGATIONS IMPLIED BY SALES OF GOODS ORDINANCE;
(D) DEFECTIVE PRODUCTS UNDER THE CONSUMER GOODS SAFETY ORDINANCE; OR
(E) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE.
11. OUR RIGHTS IN THE PRODUCTS
All ownership rights know as intellectual property rights in the Products including all designs, trade marks, brand names, images and logos are and shall remain our property. At no time shall any rights, title or interest in the intellectual property rights pass to you. The Products shown for sale on this website are intended for private, consumer use and you must not offer the Products for resale or offer them as a commercial enterprise.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of this Contract are void, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous arrangement, understanding or agreement between us whether written or verbal. We each acknowledge that in entering into the Contract, neither of us relies on any representation or promise given by the other that is not set out in these terms and conditions.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order the Products from us, unless we notify you of the change to these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16. LAW AND JURISDICTION
This Contract is governed by Hong Kong law. Any dispute arising out of or in connection with such Contracts will be subject to the jurisdiction of the courts of Hong Kong.