TERMS AND CONDITIONS OF SALE
The following “Terms and Conditions of Sale” govern the sale of any merchandise by LOVEFORBAGS INTERNATIONAL™ (hereinafter also referred to as loveforbags™, “loveforbags.com”, “we”, “our” or “us”) to you through our loveforbags.com (the “Site”, “Website”). Your use of the website to purchase our merchandise indicates your agreement to follow and to be bound by these Terms and Conditions of Sale.
The following “Terms and Conditions of Sale” of the agreement between LOVEFORBAGS INTERNATIONAL™ (hereinafter also referred to as loveforbags™, “loveforbags.com”, “we”, “our” or “us”) and you (the “Buyer”) of any goods and/or services through loveforbags.com (the “Site”, “Website”) are governed by the terms herein. You agree to review the “Terms and Conditions of Sale” prior to purchasing anything on the website, purchase of goods or service via the website shall be deemed as acceptance of this contract (agreement). If you do not agree with these terms you will not be able to purchase any of our products or services through our website, therefore please review these terms carefully. Your use of the website and purchase of any merchandise from the website indicates your agreement to follow and to be bound by the “Terms and Conditions of Sale” herein.
ORDERS & PRODUCTS
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the website may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and therefore may not be accurate.
PRICING & AVAILABILITY
We may list availability information for products offered by us on the website, however, beyond what’s mentioned or we may say on that page or otherwise on the website, we cannot be more specific about availability.
Please note that the products displayed on the website may be out-of-stock or discontinued, and availability is not guaranteed. Some of our products may be available for a seasonal or limited time only. When ordering any product please be informed that all orders are subject to e-mail confirmation by us. When required, we reserve the right to limit the number of products which we make available. We also reserve the right to modify the terms or period of any special offers and/or sale promotions.
In case that due to certain reasons (beyond reasonable control) we would be unable to fill your order or only part of an order, we will notify you. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Please note that whilst we have tried to accurately display the colours of products on our website, the actual colours you see will depend on your monitor and may not be accurate.
All prices on our website are in US Dollars. The total invoice price is presented in US Dollar currency. If you are ordering with your credit card on our website, the charges to your credit card will reflect the current exchange rate from the currency in your country to USD.
Additionally, please note that your bank may charge you an additional international transaction fee for these orders. For more information, please check with the bank that has issued your credit card used for payment on our website.
If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we reserve the right to cancel the order.
Title to products you order on this website and risk of loss or damage to products, passes to you upon acceptance of shipment by a common carrier, provided that we have received your payment in full for the products ordered by you.
Prices may be subject to change and we reserve the right to at any time apply such changes at our complete discretion. Therefore please always check the final price of sale before submitting your order with us and at check-out.
Please be aware that shipping charges do not include international taxes or duties. Any prices mentioned on the website are exclusive of any international taxes, customs and or import duties. Accordingly local taxes and duties may, but not necessarily need to apply to your order. All international orders therefore may be subject to any such import duties and or other taxes, which are levied on the recipient once the package reaches the by you specified delivery destination.
Because we are not able to supply an estimated cost with respect to international taxes or duties, as duties and taxes vary by country and by what was ordered by you, we are not responsible for any foreign customs or duties that may be applied after shipment. Any additional charges for as such must be borne by the customer. We advise you to contact the local customs office in the destination country for information about any applicable duties or taxes.
PURCHASE ELIGBILLITY AND ORDER ACCEPTANCE
Authentic loveforbags™ products available for purchase on our website are subject to availability. The display of any item on our website is not necessarily an offer to sell and we shall be under no obligation to supply all products that we may display on our website. We list availability information about the products offered by us on our therefore designated, relevant web pages. However, beyond of what we may mention on those pages or otherwise on the website, we cannot be more specific about availability of any merchandise displayed on our website.
We accept a broad variety of payment methods (such as most major credit cards, debit cards and bank transfers) using PayPal’s safe and secure online payment gateway. By accepting payment for your order via PayPal’s payment system, we enable you to make secure online payments, whilst accepting multiple payment methods from major credit cards such as Visa Card, MasterCard, American Express Card, JCB Card, Discover Card, Solo as well as BANK and GiroPay. You are able to make use this service without even needing to have a PayPal account.
Payment will be debited and cleared from your account upon acceptance of your order by us. When placing an order, this will be considered Buyer’s (your) offer to purchase those items you ordered from us. Buyer’s right to use our service(s) is not transferable and subject to any limits established by us, or by Buyer’s credit card company.
All credit/debit card holders are subject to validation checks and authorization by the card issuer and or applicable payment service provider. When you are a first time online customer and or for security reasons, we request that shipping be to the credit card billing address only. As a Buyer, you may make offers for purchase on our website only when you represent and warrant that:
- - You are an individual age 18 (eighteen) or older. If you are 16 (sixteen) years up to 18 (eighteen) years old, you must have obtained your parent(s) or guardian’s consent prior to ordering with us. Also you must warrant and guarantee that you are legally allowed to enter into this agreement with us, with respect to the product you may want to purchase from us. However we do still reserve the right to only accept orders from those individuals over 18 (eighteen) years old;
- - You are seeking to enter into contract with us when you’re placing an order via our website;
- - You have been issued with a valid credit card by a bank subject to acceptance by us and or our Payment Service Provider;
- - When submitting any order to us, you represent and warrant that all personal information and payment details provided and any credit card information supplied within your order are accurate, up-to-date, correct, valid, true and complete;
- - When your order is accepted and processed by us, payment will be made in full and any of such charges incurred by you will be honoured;
- - You shall pay charges incurred by you at the amounts in effect at the time incurred, including any applicable taxes where such are relevant and or applicable;
- By making an offer to purchase our goods, you will under any condition remain liable for the total purchase price of Buyers order if for any reason your credit card company fails to pay us in full for any such amount charged to your account;
- - You agree to prevent unauthorized use of Buyer’s password/account and will be responsible for any charges incurred through use of Buyer’s password/account;
- - You agree to keep password confidential and shall notify us immediately when any breach of our contract or in the unlikely event of unauthorized use of the password occurs;
Any purchase made on our website shall be solely for the Buyers own use and under no circumstance shall such purchase be made for any form of resale or commercial activity.
Once orders have been dispatched we are unable to redirect any items of such order.
Every order requires a signature upon receipt. We currently do not ship to P.O. boxes and/or to APO/FPO addresses.
In general all orders are subject to acceptance and availability. All products are under any condition subject to availability and we reserve the right to at our sole discretion to cancel, limit the quantity of products we may supply, supply only part of an order or to divide up Buyer’s order(s). We also reserve the right to alter the terms or duration of any special offers or sale promotion. All orders are subject to order and address verification and credit approval. Once your entire order is submitted, you will receive and order confirmation. If you do not receive this confirmation, the order may not be processed. Nevertheless, we will always attempt to contact and inform you via e-mail in the unfortunate event that any item(s) that you may have ordered are temporarily out of stock, subject to a delay or when the price is different than that shown on your order.
In such case we will use the e-mail address which you provided at the time of placing your order. When ordering any product please be informed that all orders are subject to e-mail confirmation by us.
Right to Refuse
Loveforbags™ reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
SETUP AND PAYMENT
At all times and in any circumstance Buyer (you) represents and warrants that;
(I) the credit card information supplied is true, correct and complete and (II) charges incurred by you will be honoured by the Buyer’s credit card company and (III) Buyer (you) shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall in any case be responsible for all charges incurred through use of Buyer’s account and password. Buyer agrees to keep his or her password confidential at all times and to notify us within 24 hours of any breach of this contract or unauthorized use of such password. We do not protect Buyer from unauthorized use of Buyer’s password.
We accept a broad variety of payment methods (such as most major credit cards, and bank transfers) using PayPal’s safe and secure online payment gateway. By accepting payment for your order via PayPal’s payment system, we enable you to make safe and secure online payments by accepting multiple payment methods from major credit cards such as Visa Card, MasterCard, American Express Card, JCB Card, Discover Card, Solo as well as BANK and GiroPay through PayPal’s payment system. PayPal’s globally accepted payment system can be used to make your payments without even needing a PayPal account to make your purchase(s).
You are able to make use this service without even needing to have a PayPal account. Payment will be debited and cleared from your account upon acceptance of your order by us.
In addition, when you send a payment via PayPal, the recipient won’t receive any sensitive payment details like your credit card or bank account number. This way, you don’t have to worry about sharing your sensitive financial information, whilst enjoying all benefits of a safe, clear and secure online shopping experience.
SECURE PAYMENT OPTIONS
We endeavour to provide you with a safe and secure online environment on our website. To guarantee that your order is secure and to protect your privacy any of your (credit card) transactions online are processed using a safe online payment gateway, to securely encrypt any of your data and card details within a secure host environment to keep your information safe. Any transactions on this website are processed using PayPal’s trusted online payment gateway that safely and securely encrypts your any of your card details within a secure host environment.
This way during or at time of your transaction with us our payment provider safely encrypts your payment details in a secure host environment, using extensive security measures such SSL (Secure Socket Layer) technology to keep your information secure. Any of your payment information processed via PayPal™ is protected by the commercially highest available level of SSL encryption (using a key length of 168 bits encryption). SSL enables encryption of any sensitive information during online transactions.
By enabling SSL encryption technology, any of your sensitive information you may provide online is safely encrypted using SSL before transmission. Making all your information you may share with us safe and secure, as this technology both authenticates the identity of a website and encrypts communications between the user and the website. So that you can enjoy all benefits of a safe, easy-to-use and secure online shopping experience.
By using PayPal’s online payment system to safely handle your transaction(s) with us, all credit card transactions online are processed using a secure online payment gateway that encrypts your, data and card details within a secure host environment.
The following personal information may be used jointly by us, PayPal, your credit card and or debit card company to process payment for your order, handle credit checks and fraud detection only; I) Your name and address; II) Your contact information and confirmed credit card billing address to help complete your transaction with us; III) The identification of the goods that you ordered from our website; IV) The specific price paid for the goods which you have ordered via our website.
SHIPPING AND DELIVERY COSTS
You are responsible for the shipping costs associated with the delivery of the products you purchase on the website as specified on your order confirmation.
Please be informed that shipping charges do not include international taxes or duties. Prices mentioned on the website are exclusive of any international taxes, customs and or import duties. Accordingly local taxes and duties may, but not necessarily need to apply to your order. Therefore all international orders may be subject to import duties and or other taxes, which are levied on the recipient once the package reaches the by you specified delivery destination.
We are unfortunately not able to supply an estimated cost with respect to any international taxes or duties, because duties and taxes vary by country and by what was ordered by you. Therefore we are not responsible for any foreign customs or duties that may be applied after shipment. Any additional charges for customs clearance must be borne by the customer. We advise you to contact the local customs office in the destination country for information about any applicable duties or taxes.
We are required by law to disclose the full value of the package contents and therefore will and cannot alter this value. If an order is placed on our website and then refused, you will be responsible and will accept all costs for the original shipping costs, as well as any duties, taxes and/or customs charges that were incurred in shipping any such parcel to you.
Please note that when ordering from us you are considered the importer of record and must comply with all laws and regulations of the country in which the goods are being received. You shall under any circumstance bear any risks of loss and damage to the products from the time the same have cleared and are dispatched at our loveforbags fulfilment and dispatch centre. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier. Our sales contract (between you and us) is concluded when your order is dispatched by us from our fulfilment and dispatch centre and shipped to the address indicated by Buyer at the time of placing your order.
Please note that we do not ship to P.O. boxes and currently don’t ship to any APO/FPO addresses.
We want to make sure that you are completely satisfied with your purchases and like to ensure your satisfaction when ordering our products on our website. If, for any reason, you are not satisfied with your order, you may return any unused products in its new, unworn, undamaged original condition within fifteen (15) days from the date of delivery. Before sending any products back to us, please make sure that all of the following conditions have been correctly satisfied prior to sending us any return. Therefore please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
Our order confirmation, these “Terms and Conditions of Use” and our other “website policies” shall be deemed the final and integrated agreement between you and us on the matters contained in these “Terms and Conditions of Use”.
Buyer’s (your) right to use and purchase via the website is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
We do not sell any of our products for purchase by children. If you are under 18, you may use this website only with the involvement of a parent or guardian or with their consent.
USE OF INFORMATION
We reserve the right, and Buyer authorizes us, to the use and assignment of all information regarding Buyer’s use of the website and all information provided by Buyer, subject to applicable law.
GOVERNING LAW AND JURISDICTION
The “Terms and Conditions” herein shall be governed by the laws of the Hong Kong Special Administrative Region (hereinafter “HKSAR”). Consequently this Agreement, its “Terms and Conditions” together with all our policies and procedures shall be governed by and construed in all respects in accordance with the laws of the “HKSAR” and you and all website visitors agree to submit to the exclusive
jurisdiction of the courts of the “HKSAR”. Consequently the “HKSAR” courts shall have exclusive jurisdiction and venue over any dispute arising from the interpretation or execution of this agreement, or relating to this agreement and each party hereby consents to the jurisdiction and venue of such courts. To resolve any legal matter arising from the “Terms and Conditions”, you agree to submit to the exclusive
jurisdiction of the courts of the “HKSAR”. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A, OR ANY PARTICULAR PURPOSE). THE LOVEFORBAGS INTERNATIONAL COMPANY (LOVEFORBAGS) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE LOVEFORBAGS.COM WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOVEFORBAGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE LOVEFORBAGS INTERNATIONAL COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS WEBSITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
EVENTS BEYOND REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If any provision of the “General Terms and Conditions” and/or our “Terms and Conditions of Sale” are determined to be invalid, illegal or unenforceable, the remaining provisions of the ”Terms and Conditions” remain in full force to the extent permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You agree to defend, indemnify and hold harmless loveforbags, its affiliates and any of their respective owners, directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of use of your account, your use of the website, and your submissions and/or any personal rights that are contained therein.
We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a you of any such content or any part of the website is prohibited.
EDITING, DELETING AND MODIFICATION
Loveforbags reserves the right in its sole discretion to edit or delete any information or content appearing on the website and to remove any goods and services for sale. Upon notice published over such service, we may modify these terms and conditions, or prices, and may discontinue or revise any or all aspects of the website in our sole discretion and without prior notice. Modification of this agreement will be deemed effective upon publication on the website with respect to transactions occurring after said date.
If any provision of these “Terms of Conditions of Sale” are held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these “Terms and Conditions of Sale” will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
The official language of the “Terms and Conditions” exclusively shall be, and all communications and agreements between loveforbags™ and you, and any proceedings in connection with these “Terms and Conditions” and/or your use of the website, exclusively shall be made in, the English language. Loveforbags™ and you waive any rights we may have under any other law to have these “Terms and Conditions of Sale” written in another language, and any translation of this “Terms and Conditions of Sale” will be for convenience only.
Copyright © 2012, LOVEFORBAGS INTERNATIONAL™, loveforbags.com – All rights reserved.
These Online Terms and Conditions of Sale are last updated on 25 April, 2012.