General terms and conditions
1 Introduction
1.1 These Terms and Conditions apply to the use of our Website or the purchase of Products offered through our Website.
1.2 Defined terms and interpretations for these Terms and Conditions are included in paragraph 26.
2 Acceptance
2.1 You represent and warrant that: (a) you are a natural person and at least 18 years old; (b) you are authorized 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 authority to agree to these Terms and Conditions.
2.3 You represent and warrant that you have not: (a) been convicted of a crime related to computers or the internet; and (b) previously had products or access to the Website denied.
2.4 We reserve the right to refuse you access to our Website if we deem such refusal necessary or appropriate.
2.5 Placing an order means: (a) your representation and warranty that you have carefully and fully read these Terms and Conditions; (b) your offer to purchase the Order exclusively in accordance with these Terms and Conditions; (c) your agreement that any order confirmation will be solely based on these Terms and Conditions; and (d) your consent for us to be bound by these Terms and Conditions.
2.6 If you do not agree to these Terms and Conditions, you should not use the Website or purchase Products.
2.7 You must explicitly agree to these Terms and Conditions 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 and Conditions: (a) you also agree to our Privacy Policy; and (b) you agree and commit to complying with our acceptable use policy (see paragraph 12 below for more details).
2.9 We recommend that you print a copy of these General Terms and Conditions for future reference.
2.10 If you do not agree with these General 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 only to purchase Products for your own personal and non-commercial use, as a purchaser and not as an agent or on behalf of another person.
4 Price
4.1 The 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 rights, fees, levies, taxes, or other governmental charges and declarations for the importation of the Products to the delivery address are your responsibility and at your expense, and are not included in the price of the Products. All deliveries may incur additional costs that the seller is not responsible for and which will be borne by the customer. In addition to shipping costs, these may include customs duties or VAT, as the goods are shipped from a non-EU country (China). You should consult our customer service to check whether customs duties apply to a product before placing your order. Customs duties or import taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" and is responsible for the correct payment of duties and/or import taxes and must fully comply with all laws and regulations of the country of import. Since import rules vary from country to country, you should check the customs and import duties of your country before placing your order. It is the buyer's responsibility to ensure full compliance with all laws and regulations of the country of import when receiving the goods.
4.3 We will make every effort to ensure that all details, descriptions, and prices of the Products listed on our Website are accurate. However, errors may occur. If we discover that a pricing error has been made, 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 do not receive a response from you, the order will be considered canceled and you will be refunded the full amount. If you choose to reconfirm your order, we will arrange for the delivery of your order and charge or refund you as outlined in our notification to you, shortly after we receive your reconfirmation of your order using the payment method you used to place the order.
4.4 We are not obligated to fulfill 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 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 the availability of stock. If we have sufficient stock to fulfill your order, you will receive an Order Confirmation which serves as our acknowledgment of receipt of your order. In the event of delivery problems or unavailability of stock to fulfill your order, we will notify you by email and refund any payments for the order.
5.2 A Contract will only come into effect when we send you an Order Confirmation and only in relation to the Product(s) listed in the Order Confirmation. These Terms and Conditions are part of the Contract and are included to the exclusion of all other terms.
5.3 If your order consists of more than one Product, the Products may be delivered separately 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 materials 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 materials or content from our Website.
5.5 We reserve the right to refuse or reject any order placed by you at any time (even after we have sent an order confirmation). We are not liable to you or any third party for canceling or rejecting an order.
5.6 If we cancel your order after we have received payment (and even 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 via 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 redeemed 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 information during the payment process, and all payments must be made using your own funds. By placing an order, you confirm that: (a) the payment method used is yours; (b) if applicable, you are the rightful 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 unauthorized use of your credit, debit, or prepaid cards by third parties, even if such cards are reported as stolen. We have the right to notify all relevant authorities (including credit bureaus) of fraudulent payments or other illegal activities.
6.7 You shall not: (a) reverse a payment you have made regarding Products or attempt to do so; or (b) reverse any payment you have made regarding Products.
6.8 You shall indemnify and hold us harmless in full regarding any chargebacks or reversals of payments you have made and any losses, costs, liabilities, or expenses we incur in connection with or arising from such chargebacks or reversals.
7 Delivery
7.1 We strive to deliver your order to the delivery address you provided 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 to miss the estimated delivery date, but we are not liable to you for any loss, liability, costs, damages, or expenses caused by a delayed delivery, to the extent permitted by law.
7.4 It is possible that we may not be able to deliver Products to certain locations. In this case, we will notify you and ensure that the order is canceled and refunded, or the order is delivered to another delivery address you confirm.
7.5 All risk associated with the Product transfers to you upon delivery to the delivery address, unless the delivery is delayed due to your failure to meet your obligations under these Terms and Conditions. The risk transfers at the moment 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 re-delivery or collection by the carrier.
7.7 If delivery or collection is delayed due to your unreasonable refusal to accept delivery, or if you do not accept or collect the order from the carrier, we may charge you all costs and other charges that we reasonably incur to return the order to the sender, without prejudice to any other rights or remedies available to us.
7.8 Goods will be shipped within 2-120 days after receipt of payment. The standard delivery time is 20-30 working days, in exceptional cases up to 16 weeks, unless otherwise specified in the product description. The owner does not ship directly. The order will be shipped by the manufacturer once the entire order is in stock there.
7.9 All rights, costs, customs duties, taxes, or other governmental charges and declarations for the importation of the Products to the delivery address are your responsibility and at your expense, and are not included in the price of the Products. All deliveries may incur additional costs that the seller is not responsible for and which will be borne by the customer. In addition to the shipping costs, these may include customs duties or VAT, as the goods are shipped from a non-EU country (China). You should consult our customer service to check whether customs duties apply to a product before placing your order. Customs duties or import taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed." The buyer is the "importer of record" and is responsible for the correct payment of duties and/or import taxes and must fully comply with all laws and regulations of the country of import. Since import rules vary from country to country, you should check the customs duties and VAT upon import in your country before placing your order. It is the buyer's responsibility to fully verify upon receipt of the goods that all laws and regulations of the importing country have been met.
8 Cancellation or Modification of Orders
8.1 Once an order has been placed through our website, you may cancel or modify it by sending us an email.
8.2 Once an order is packed, it can no longer be canceled or modified; instead, the order must be returned to us in accordance with paragraph 10 below. Since our goods are shipped from Asia, longer transit times may occur over which we have no 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 can notify us of your cancellation in advance. To ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible no earlier than 16 weeks after receiving the order if the goods were not received.
8.3 Since we operate with a fully automated system, orders are activated immediately upon shipping. Therefore, we are unable to interrupt the shipping process until delivery, so a refund before receiving the goods is only possible within 24 hours after the order.
9 Products with Defects
9.1 You acknowledge that the Products are standard products and are not custom-made to meet your specific requirements.
9.2 All product descriptions, information, and materials on the Website are provided "as is" and without warranties or other representations, either express or implied.
9.3 Images of the Products may slightly differ from the actual Product you receive.
9.4 If the product you receive is defective, you may send us an email informing us about the product to be returned and attach a photo of the defective product.
9.5 You may return the product to us in accordance with paragraph 10.
9.6 We will inspect the Product upon receipt. Our processing time depends on your order.
9.7 We will notify you by email if we are convinced that the Product is defective.
9.8 Our sole obligation to you with respect to defective products is to (at our discretion): (a) replace the Product and pay for the delivery costs to the Delivery Address, with you returning the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or (b) refund you an amount equal to the price of the Product and the return shipping costs of the defective Product to us. We will pay this amount to you via deposit to the account from which we received the 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, which will be charged to the payment method used for the order. We are not liable to you for any loss, liability, costs, damages, or expenses arising from 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 can visit and use our Website.
10.2 If you are not completely satisfied with your order, you can send us an email informing us about 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 you designate, who is not the carrier, takes possession of the last product.
10.3 Return shipping and costs are the responsibility of the customer.
10.4 The product must be received by us in order for the customer to be entitled to a refund. We will check the returned product upon arrival.
10.5 You must ensure that the Product is sent to us in the same condition as when you received it and that it is properly packaged. The Product must be unused, the labels on the Product must not be tampered with, and the Product must be in its original packaging. If a Product is returned to us in an unsuitable condition, we reserve the right not to accept the return of the Product.
10.6 Our processing time for returns depends on your order.
10.7 If we are satisfied with the condition of the returned Product, we will send you an email confirming your return. Once we have sent you a message confirming that your return is approved, the amount will soon be refunded to the payment method used for the order.
10.8 The return is complete when we have received the physical goods.
10.9 Since our goods are shipped from Asia, there may be longer transit times over which we have no control. If the goods are already on their way to you, cancellation is not possible. Wait until you have received the goods and return them to us. Of course, you can notify us of your cancellation in advance. To guarantee the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible no earlier than 16 weeks after receiving 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 only redeem one promotional voucher or discount per order.
11.5 The credit of a promotional voucher does not earn interest and has no cash value.
11.6 If the credit of a Promotional Voucher is insufficient for your order, you may pay the difference via an additional 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 part of the order using a separate payment method, that part may be refunded.
12 Permitted Use
12.1 You may not ("Prohibited Use"):
(a) use our Website in any way or engage in actions that cause or may cause damage to the Website or impair the performance, availability, or accessibility of the Website;
(b) use our website in a manner that is unlawful, illegal, fraudulent, or harmful, or in connection with unlawful, illegal, fraudulent, or harmful purposes or activities;
(c) use our website to copy, store, host, send, transmit, use, publish, or distribute material consisting of (or related 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 relating to our website without our express written consent;
(e) access or otherwise interact with our website via a robot, spider, or other automated means;
(f) violate the robots.txt policy for our website;
(g) use the data collected via our website for direct marketing activities (including email marketing, SMS marketing, telemarketing, or direct mail);
(h) use the data collected via our website to contact individuals, businesses, or other persons or entities;
(i) use or cause the Website to interact with any device unless explicitly authorized to do so;
(j) use the Website’s infrastructure directly or indirectly to initiate, spread, participate in, lead, or attempt to hack or overload bandwidth, send malicious or potentially harmful network messages to any device, whether or not owned by us;
(k) copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive 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 a benchmarking or comparative study of products to a third party;
(m) sell, assign, sublicense, transfer, distribute, or lease your access to the Website;
(n) make the Website available to third parties through a private computer network;
(o) edit or otherwise modify any content or paper or digital copy of any material printed or copied from our website;
(p) use the Website in a manner that is prohibited by any law or regulation applicable to the use of the Website.
(q) conduct unauthorized research or place an unauthorized 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 committed or allowed by you.
12.3 You agree to notify us as soon as reasonably possible after becoming aware of any person engaging in a Prohibited Act. You will reasonably assist us in any investigation we may conduct as a result of the 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 accurate, complete, current, and not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe the privacy, personal data protection, confidentiality, intellectual property rights, or other rights of individuals; and
(d) is not offensive, harmful, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.
12.5 You must promptly provide us with any documents or other information we request to verify your identity. You will immediately update all information you provide to us so that all of 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 your sole responsibility to ensure that you comply with these laws, whether based on your country of residence, the place where you visit the Website, or otherwise.
12.7 Email us if you discover material or activities on our Website that violate these Terms.
13 Website Links
13.1 Links from our Website to other websites and third-party resources are provided solely for informational purposes. Links from our Website to other websites and resources should not be construed as an endorsement or approval 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 or control over the content of any other websites and resources linked to or referenced on our website.
13.3 You may link to our homepage provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation.
13.4 You may not link in a way that suggests any form of association, approval, or endorsement by us where none exists.
13.5 You may not link to our website from a website you do not own.
13.6 You may not frame our website on any other website, nor 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 with all content standards as set out in our acceptable use policy (see paragraph 12 above).
13.9 Contact us to obtain our prior approval 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 licensed to use all intellectual property rights on our Website and in the content and materials published thereon. These works are protected worldwide by applicable laws and treaties. All rights are reserved.
14.3 You may only use the Website and all content on the Website for your personal, non-commercial use and in accordance with these Terms. 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 owned by us.
14.5 You may not use our trademarks without our prior written consent, unless they form part of material you use (and accurately reproduce) in accordance with paragraph 13.
15 Privacy Policy
15.1 Our Privacy Policy forms part of these Terms under which you may visit and use our Website.
15.2 We use cookies on our website. We also use cookies to understand how our customers prefer to view our website. By accepting these terms, you also agree 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 will take reasonable security measures to protect that personal data against unauthorized and unlawful processing and against accidental loss, destruction, or damage.
15.4 Unless special precautions are taken or otherwise agreed in writing, information and documents arising during the sale of the Products may be shared by us and may, in particular, be accessible in electronic form to our employees, officers, advisors, or agents.
16 Viruses
16.1 We do not guarantee 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 malicious or technologically harmful material.
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 violated any provisions of this Article 16, your right to use our website will immediately cease. We may report any breach to the relevant law enforcement authorities and will do so if required by applicable law.
17 Liability
17.1 Subject to paragraph 17.13, we 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) Content from third parties or user-generated content;
(b) Our Content, and in particular the accuracy, completeness, or timeliness of our Content;
(c) The Products, and in particular the quality, images, descriptions, or specifications, compliance with the description, and reasonable suitability of the Products for a particular purpose;
Here's the translation of the text with "Chique Boetiek" replaced by "LirLuxe" as per your request:
(d) reliance on information in these Terms or on our Website or on features offered in these Terms or on our Website;
(e) the inability to access the Website or any part of it, or that access is interrupted, partial, or malfunctioning at any time; 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 circumstances beyond our reasonable control, including telecommunications failures, power outages, terrorism, fuel strikes, extreme weather, computer malfunctions, supplier delivery issues, labor disputes, and staff absence due to illness or injury, and the period for fulfilling an obligation affected by such events will be extended accordingly.
17.2 We shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any loss of profit, loss of business opportunities, loss of goodwill, loss of savings or benefits, or any indirect, special, or consequential loss or damage, even if such loss or damage was reasonably foreseeable or the party was aware of the possibility of such loss or damage arising.
17.3 Our liability arising directly or indirectly from these Terms (including your purchase of Products from us under these Terms) or which is not expressly excluded under these Terms, is limited to the higher of $1000 or five times the price you paid for the Products giving rise to the liability. The amount of this liability cap will be reduced by the amount of any unpaid amounts owed to us.
17.4 Any claim by a party for breach of contract, tort (including negligence), statutory breach, or otherwise arising from or related to these Terms must be initiated within one year from the act or omission that caused the loss or cost.
17.5 Except to the extent that claims cannot be excluded or limited by law, no claim may be brought personally against any of our employees, officers, advisors, or other agents involved in performing the relevant obligations.
17.6 All statements or warranties, whether contractual or non-contractual, and all warranties, conditions, provisions, undertakings, and obligations arising from law, common law, custom, trade usage, course of dealings, or otherwise (including implied warranties of satisfactory quality, conformity to description, and reasonable fitness for purpose) are excluded to the extent permitted by law.
17.7 A claim can only be brought against us (including our employees, officers, or advisors) 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 a single matter.
17.8 The limitations in this Article 17 apply to our joint liability to you (including any third party to whom we may be liable with or without our consent) with respect to a claim, and you and all such other persons can only be held jointly liable against us for the same loss.
17.9 Where a liability cap applies regardless of the amount, the cap applies to the entire service or delivery of products by us, and there are no separate aggregated liability caps that apply to you, any group company of which you are a part, and any person designated by a business user.
17.10 If we are jointly liable with another party, we are only required to pay you the portion reasonably attributable to our fault. We are not obligated to pay you the portion attributable to the fault of another party for which that party would otherwise be liable.
17.11 Any liability we have to you will be reduced by the portion for which another party would have been liable if either: (a) you had instituted proceedings or claims against that other party, or (b) we had instituted proceedings or claims against that other party under the Civil Liability (Contribution) Ordinance or similar law in another relevant jurisdiction.
17.12 In determining 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 have become time-barred, the party has insufficient resources, the party is invoking 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 caused by our negligence;
(b) for fraud or reckless disregard of professional duties;
(c) for any other liability that cannot be excluded or limited in the relevant jurisdiction; and
(d) in any other case, to limit our liability to less than the minimum amount required under any other law or regulation relevant to the claim, in which case that minimum amount will be deemed to replace the amount that would otherwise apply.
17.14 These provisions constitute an exhaustive list of remedies available to either party or a third party in connection with or arising from these Terms.
18 Indemnification
18.1 You will, upon request, fully indemnify and hold harmless the Indemnified Parties from any claims, costs, and losses of any kind that the Indemnified Parties have suffered or incurred as a result of or in connection with:
(a) any material breach by you of the provisions of these Terms;
(b) fraud, negligence, misconduct, or recklessness regarding 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 we reasonably incurred in connection with an indemnification claim from you, and such costs must be paid upon request.
19 Force Majeure
19.1 If a force majeure event lasts for more than a week, we may immediately terminate these Terms by written notice without any liability other than refunding any payments already made by you for undelivered Products.
19.2 We reserve the absolute discretion to determine the solution we will apply to fully comply with our obligations under these Terms if a Force Majeure event occurs.
20 Variations
20.1 We may change these Terms from time to time. We will notify you in advance of any significant changes that we believe may negatively affect you. We will notify you of any changes to these Terms. The then-current Terms will apply to your use of our Website and any products offered through our Website.
20.2 If you do not agree to the revised Terms, you should cease using our Website or purchasing our Products.
20.3 If you have given your express consent to these Terms, we will ask for your express consent again before you make your first purchase of Products after the revision of the Terms. If you do not expressly consent to and agree with the revised Terms within the time set by us, you must cease using the Website or purchasing our Products.
21 Breach of Terms
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) halt the processing of an order;
(d) refuse to accept any payment from you;
(e) permanently deny you access to our Website;
(f) block access to our Website from computers with your IP address;
(g) contact one or more of your internet providers and ask 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, 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 delivery of the Website at any time with or without cause and with or without notice.
22.3 Without prejudice to section 22.2, we may suspend or terminate your access to the Website if your use of the Website causes or risks legal liability of any kind or interferes with others’ use of the Website.
22.4 If we suspend or terminate your access to the Website, we will try to notify you in advance. However, 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 stop, suspend, withdraw, or restrict access to the Website in whole or in part for business or operational reasons. We will try to notify you within a reasonable period if the Website is suspended or withdrawn. You will not be entitled to any compensation or other payment if the Website is suspended, withdrawn, modified, or limited.
23 Consequences of Termination
23.1 Upon termination of these Terms, any obligation to provide Services to the Customer immediately ceases.
23.2 Under no circumstances will you be entitled to any compensation from us for loss of rights, goodwill, or any other loss resulting from the termination of these Terms for any reason.
23.3 Termination of these Terms does not affect any other right that has already arisen and leaves provisions of these Terms that by their wording continue to apply or be in force. Sections 17 (Liability) and 18 (Indemnification) will also remain in effect 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 otherwise) cumulative and not exclusive of 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 in any way restricted 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 The failure or delay in exercising any right, power, or remedy provided in 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, it 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 rights of parties under these Terms is not dependent on the consent of third parties.
24.7 These Terms are for our and your benefit 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 them or any dispute relating to non-contractual obligations arising out of or in connection with these Terms, shall be submitted to and finally resolved by arbitration under the rules of Hong Kong in force at the time of the submission of the notice of arbitration. The laws of Hong Kong apply to this arbitration clause. The seat of arbitration is Hong Kong. The number of arbitrators is one. The arbitration shall be conducted in English.
26 Business Details:
Email: info@lirluxe.nl
27 Interpretation
27.1 In these Terms: "Contract" means your order for a Product or Products in accordance with these Terms, which we accept in accordance with section 4.3; "Customer" means any natural person placing an order on the Website; "Delivery Address" means the delivery address as stated in the relevant Order; "Expected Delivery Date" means the expected delivery date of an Order; "Force Majeure Event" means any event or circumstance that results in us not being able to fulfill an obligation under these Terms, or being delayed in doing so, and is caused by something beyond our reasonable control and not attributable to our failure to exercise reasonable care in preventing such an interruption or delay, and includes war or the threat of war, natural or nuclear disaster, riot or civil disturbance, pandemic, terrorism, malicious damage, fire or flood, compliance with a new law or order from a government 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, trademarks, design rights, copyrights, database rights, trade secrets, and all similar rights; "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 section 4.3; "Payment Intermediary" means a third party used by us for payment processing; "Product" means a product offered on our Website; "Website" means the website; "Website Infrastructure" means all our systems (including code) that make, deliver, or describe the Website;
27.2 References to "sections" are references to sections of these Terms.
27.3 Headings are for convenience of reference only and do not affect the interpretation or construction of these Terms.
27.4 Words denoting the singular include the plural and vice versa. Words denoting gender include any gender, and references to persons include individuals, companies, businesses, or partnerships.
Please feel free to contact us via email if you have any questions or comments about these Terms, the Website, or the Products.