1.1 Body Chocolate – The brand-name and/or product line of “Body Chocolate” used for Products of the Company.
1.2 Company – Maple’s Family (Design) Limited, a company incorporated in the HKSAR.
1.3 HKSAR – The Hong Kong Special Administration Region of the People’s Republic of China.
1.4 Media – Such media of the Company including (without limitation) Websites, advertisements, leaflets, catalogues and portals.
1.5 Products – The products of the Company including (without limitation) those Body Chocolate products bearing the Trademark.
1.6 Service –The service of selling the Products by the Company subject to the Terms and Conditions.
1.7 Terms and Conditions – The terms and conditions set out hereof which may be amended, altered, replaced, updated, suspended or cancelled from time to time by the Company.
1.8 Trademark – The trademark “Body Chocolate” and all derived or related logos, signs, images, icons, representations, words and/or characters used on or in connection with certain Products, whether registered or not.
1.9 Website – The website of the Company at http://www.bc-buy.com and http://bodychocolate.wix.com/bc-buy. (In the above definitions, the singular shall include the plural and vice versa, and words importing gender or the neuter include both genders and the neuter.)
2 Product Quality
2.1 All Products in the sales presentation or Media have been included in good faith, for reference only and on the belief that our orders will in normal cases be fulfilled by our manufacturers / suppliers at the time of sale. Failure by any manufacturer / supplier to deliver in accordance with the photograph or the ordered quantity may result in some Products or lines of Products being unavailable or insufficient which is beyond the control of the Company. The Company does not accept any responsibility of such failure, unavailability or insufficiency.
2.2 Please note that shades and colors of fabrics and laces of Products may vary slightly due to dyeing and processing. Therefore, when purchasing tops and bottoms to create sets, the Company does not guarantee for exact matching. It is essential that Customers shall examine the Products before purchase and follow washing instructions to avoid damage to the garments.
3 Offering, Pricing and Transaction
3.1 Prices may change without prior notice.
3.2 Prices do not include any taxes / tariffs / duties applicable, nor all delivery and miscellaneous charges (if applicable).
3.3 All Products posted on the Media are subject to availability.
3.4 Customers shall not be entitled to make any deduction from the price of the Products purchased in respect of any set-off or counter-claim.
3.5 The prices posted on the Media may contain errors. In case of an error in the prices of Products a Customer has ordered, the Company will inform the Customer as soon as possible and give the Customer an option of confirming his order(s) at the corrected prices or canceling it with refund of money paid. If the Company is unable to contact the Customer or the Customer refuses to take an option within 24 hours of contact, the Company will treat the order(s) as cancelled.
3.6 For Products reserved online or by other means, the prices appearing on the Website at any time (including (without limitation) the date / time of reservation) are for reference only. The actual price payable will be the price posted on the Website on the day / at the time of purchase.
3.7 The Customer’s choice of Products and payment in full is defined as an offer for purchase of the Products in question. The Company has the discretion to accept or reject the offer. The Company’s acceptance is the issue of an order confirmation by the Company to the Customer. Notwithstanding anything done or represented by the Company (including any form of confirmation or assurance (oral or written) by any staff members), the Company does not accept any offer from a Customer unless and until the Company has issued its relevant order confirmation for the Products. After such acceptance, neither party can revoke the order.
4 Trademarks, Logos and Product Pictures
4.1 All intellectual property rights (including (without limitation) the Trademarks, trademarks, copyrights, logos, product pictures (whether registered or not, patented or otherwise)) and other rights of and in the Products, the brand-name “Body Chocolate”, and all materials and contents available on the Media are the property of the Company (or, where applicable, our licensor(s)) and may not be used, copied or otherwise dealt with without the prior written consent of the Company. The Customer shall comply with all applicable laws and regulations and shall not infringe any such intellectual property rights and other rights.
5 Errors and Inaccuracies
5.1 The Company will try its best to maintain accurate, complete and update information on the Media. However, the Company does not guarantee the accuracy and reliability of any information on the Media (and their contents), Service, Products or other merchandises and materials. The Company accepts no liability of any kind for any loss and damage suffered by Customers or any third party due to any inaccuracies or reliance of the information contained on the Media.
5.2 All sizes, measurements and specifications are approximate figures. The Company will try its best to maintain accuracy on the sizes, measurements and specifications of the Products. However the Company does not guarantee the accuracy and we accept no liability of any kind for any loss and damage suffered by Customers or any third party due to such inaccuracies or any reliance of such sizes measurements and specifications.
6.1 Customers are prohibited from making use of any information provided by the Company in such action that would encourage or lead to illegal acts or misconducts. The Company reserves the right to discontinue doing business or suspend any people from purchasing, using or surfing the Media at the Company’s sole discretion at any time without notice.
7 Minors’ Policies
7.1 Minors are prohibited from surfing and making purchases or other orders to the Company. The Company only accepts purchases made by adults over 18 years of age.
8 Disclaimers and Liabilities
8.1 The Company will do its best to provide accurate, complete and updated information on the Media; however, the Company does not guarantee that the Media are neither error-free / virus-free nor be uninterrupted by any means or sources. The Company takes no liability for any damages of any kind arising from the use of the Media directly or indirectly.
8.2 If any transaction with the Company creates any loss to the Customer, the Company will in all and any event not be responsible for any special, indirect, incidental or consequential damages, economic loss (including (without limitation) loss of revenues, data, profits, contracts, businesses, or anticipated gains or savings), or loss of goodwill or reputation arising out of or in connection with the contract of transaction.
8.3 The Products are sold on the basis that they will be used for domestic purpose only. The Company does not offer or sell the Products to Customers for business purposes. If the Customer will use the Products for business uses, he is at his own risk and he should take out his own appropriate insurance to cover such risk. The Company is not liable to such business users in all and any events.
8.4 The Company hereby excludes the implied conditions by law that the Product is of merchantable quality or fit for any particular purposes. Other than as expressly provided in the Terms and Conditions, any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under any applicable laws.
8.5 The maximum liability (whether in contract, tort or otherwise) which the Company will only be liable to a Customer is the total price value of Products paid by the Customer within the transaction or a series of transactions concerned, and no more.
8.6 Since the Company’s manufacturers or suppliers may change the specifications of the Products, the Company will not take any responsibility or liability for any loss (whether of liquidated amount or not) or other claims or reliefs sought resulting from such changes.
8.7 The Company will try its best to protect security information kept at the Company’s information base; however, the Company will not take any responsibility or liability to any loss (whether of liquidated amount or not) or other claims or reliefs sought resulting from such information loss or leakage or any third party’s unauthorized access to such information.
8.8 The Company is not liable for security on the Website nor liable for the availability, security, reliability and virus-free status of the hyperlinks provided on the Website. The Customers take his own risk in visiting any such linked websites or resources and in using or relying on any contents or information provided by or available through such linked websites or resources.
8.9 The Company is not liable to Customers for any loss or damage resulted from breach (including (without limitation) failure or delay in performance) of the contract of transaction due to any Force Majeure Events.
9 Amendments and Updates to Terms & Conditions
9.1 The Company shall have the right to amend, alter, replace, update, suspend or cancel the Terms & Conditions or any part of them as and when the Company deems necessary or appropriate. The Customers shall read the latest Terms and Conditions posted on the Website. The Customers’ visit or use of contents or materials from the Website shall signify the Customers’ acceptance of the latest Terms and Conditions if or when he places the purchases of Products.
10.2 The Company has the right to terminate the Service; in such case, the Company will fulfill the confirmed orders under the Terms & Conditions accepted before the termination.
10.3 The Terms & Conditions and the agreements hereunder between the Company and the Customer shall be governed by and construed in accordance with the laws of the HKSAR. The Customer agrees to submit to the exclusive jurisdiction of the courts of the HKSAR.
10.4 Disputes or conflicts may happen between the Company and the Customer during the transaction; in this case, both parties should negotiate to resolve. If it is not resolved in this way, both parties should be given 30 days of calm-down period. After this period, the parties should try resolving the issue again; if it is still not resolved, then the case may be referred to adjudication by courts of HKSAR.
10.5 The personal information provided by the Customer will be used only in advertising the Products and communicate via internet emails / mails with the Customers regarding news of the Products. There is no any other purpose of usage.
10.6 The Terms & Conditions are agreed between the Company and the Customer only. The Customer shall not assign, transfer, novate or sub-contract the benefits, rights or obligations under the Terms and Conditions to any third party.
10.7 The Terms & Conditions may be severed such that any invalid terms and conditions thereof will not affect the validity of the rest.
10.8 No delay or failure by the Company to exercise the rights will operate as a permanent waiver of such rights; that is to say, the Company reserves the right to exercise them or any of them later.
10.9 The Company excludes all pre-contractual representations (if any) given by it such that the Terms & Conditions serve as the entire and only agreement (but include those other provisions the Company has made reference to within the Terms & Conditions) between the Company and the Customer.