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TERMS OF
USE
| WEBSITE GENERAL TERMS OF
USE |
Toeesy's
website (our "Site") and related services are made
available to you pursuant to the following Terms
of Use and Service and any other rules posted on
our Site (collectively, the "TOS"). By visiting
Toeesy.com, you are accepting and consenting to
the practices described in the TOS.
We may
modify the TOS from time to time, and your
continued use of this Site following such change
shall signify your agreement to be bound by the
modified TOS.
For those persons wishing to
use our services, they must read and agree to be
bound by our policies relating to those services.
In particular, we draw you attention to our
policies relating to the terms of purchase and our Privacy
Policy. If you are under 18, you must let your
parent or guardian know about Toeesy's Privacy
Policy before you register to use this Site or
any of this Site's services.
Please read
the TOS and check back often. If you do not agree
to any change to the TOS, then you must
immediately stop using the Site. |
| REGISTRATION |
| To use
some of the services or features made available to
you on this Site, you will need to register. We
may change registration requirements from time to
time. When you register, you are required to
provide information about yourself that is true,
accurate, current and complete in all respects.
Should any of your registration information
change, please notify us immediately at the
following e-mail address customerservice@toeesy.com.
You may also want to view our Privacy
Policy. |
| NO
UNAUTHORISED COPYING OR
DISTRIBUTION |
| Intellectual Properties
Rights |
| You
acknowledge and agree that all copyright, designs,
trademarks and all other intellectual property and
material rights relating to the Content as herein
described, including Toeesy Software and all HTML
and other code contained in this Site, shall
remain at all times vested in Toeesy and/or are
the property of their respective owners. All such
Content, including third party trademarks, designs
and related intellectual property rights mentioned
or displayed on this Site are protected by
national intellectual property and other laws and
international treaty provisions. You are permitted
to use the Content only as expressly authorised by
Toeesy and/or its third party licensors. Any
reproduction or redistribution of the above listed
Content is prohibited and may result in civil and
criminal penalties. Violators will be prosecuted
to the fullest extent permissible under applicable
law. Without limiting the foregoing, copying and
use of the above listed materials to any other
server, location or support for publication,
reproduction or distribution is expressly
prohibited. |
| Content |
| In
addition to the Intellectual property rights
mentioned above, Content is defined as any
graphics, photographs, including all image rights,
sounds, music, video, audio or text on this Site.
Toeesy tries to ensure that the information on
this site is accurate and complete. Toeesy does
not warrant or represent that Jilian's Content is
accurate, error-free or reliable or that your use
of Toeesy's Content will not infringe rights of
third parties. Your use of this Web Site is at
your risk. Toeesy does not warrant that the
functional aspects of this Web Site or Toeesy's
Content will be error free or that this Web Site,
Toeesy Content or the server that makes it
available are free of viruses or other harmful
components. If your use of this Web Site, or
Toeesy's Content results in the need for servicing
or replacing property, material, equipment or
data, Toeesy is not responsible for those costs.
Without limiting the foregoing, everything on this
Web Site is provided to you "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, REASONABLE CARE AND SKILL, OR
NON-INFRINGEMENT. Toeesy and its suppliers make no
warranties about Toeesy's Content, software text,
downloads, graphics, and links, or about results
to be obtained from using this Web Site. You bear
the entire risk of the completeness, accuracy or
usefulness of any Content found on this Site.
Toeesy reserves the right to withdraw, temporarily
or permanently, any Content from this Site at any
time and for any reason. Removal may be immediate
and without notice. You confirm that Toeesy is not
liable to you or any third party for any such
withdrawal. |
| No
Commercial Use |
| This
Site is for your personal, non-commercial use
only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish,
license, commercially exploit, create derivative
works from, transfer, or sell any Content,
software, products, or services contained within
this Site. You may not use this Site, or any of
its Content, to further any commercial purpose,
including any advertising or advertising revenue
generation activity on your own Site. |
| Your
Activity |
| You use
this Site at your sole risk. You agree that you
will be personally responsible for your use of
this Site and for all of your communication and
activity on this Site. We reserve the right to
deny you access to this Site, or any part of this
Site, at any time without notice. If we determine,
in our sole discretion, that you engaged in
prohibited activities, were not respectful of
other users, or otherwise violated the TOS, we may
deny you access to this Site on a temporary or
permanent basis and any decision to do so is
final. |
| Links
to Third-Party Sites |
| We may
include hyperlinks on this Site to other websites
or resources operated by parties other than
Toeesy, including advertisers. Toeesy has not
reviewed all of the sites linked to its Web Site
and is not responsible for the content or accuracy
of any off-site pages nor are we responsible for
the availability of such external websites or
resources, and do not endorse and are not
responsible or liable, directly or indirectly, for
the privacy practices or the content of such
websites, including (without limitation) any
advertising, products or other materials or
services on or available from such websites or
resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in
connection with, the use of or reliance on any
such content, goods or services available on such
external websites or resources. |
| GENERAL |
| Limitation of
Liability |
While
Toeesy will use reasonable endeavours to verify
the accuracy of any information it places on the
Site, it makes no warranties, whether express or
implied in relation to its accuracy. This Site is
provided on an "as is" and "as available" basis
without any representation or endorsement made and
we make no warranties of any kind, whether express
or implied, in relation to this Site, or any
transaction that may be conducted on or through
this Site including but not limited to, implied
warranties of non-infringement, compatibility,
security, accuracy, conditions of completeness, or
any implied warranty arising from course of
dealing or usage or trade.
We make no
warranty that this Site will meet your
requirements or will be uninterrupted, timely,
secure or error-free, that defects will be
corrected, or that this Site or the server that
makes it available are free of viruses or bugs or
represents the full functionality, accuracy,
reliability of the materials. We will not be
responsible or liable to you for any loss of
Content or material uploaded or transmitted
through this Site.
To the fullest extent
permissible under applicable law, we disclaim any
and all warranties of any kind, whether express or
implied, in relation to the products available
through this Site including but not limited to,
implied warranties of satisfactory quality and
fitness for a particular purpose. Nothing in these
TOS shall limit your rights as a consumer under
Hong Kong SAR law.
You acknowledge that we
cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of
this Site and any information provided to or taken
from this Site by you
You agree that,
except for death and personal injury arising from
our negligence, We will not be liable in contract,
tort (including, without limitation, negligence),
pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out of
or in connection with this contract, for any
economic losses (including without limitation,
loss of revenues, profits, contracts, business or
anticipated savings), any loss of goodwill or
reputation, or any special or indirect or
consequential losses in any case whether or not
such losses were incurred by that party arising
out of or in connection with the provisions of any
matter under the TOS. |
| Indemnification |
| At our
request, you agree fully to defend, indemnify and
hold harmless Toeesy immediately on demand, its
officers, directors, agents, affiliates,
licensors, and suppliers, from and against all
liabilities, claims, expenses, damages and losses,
including legal fees, arising from any breach of
the TOS by you or any other liabilities arising
out of your use of this Site, or the use by any
other persons accessing this Site using your
Internet account. We reserve the right, at our own
expense, to assume the exclusive defence and
control of any matter otherwise subject to
indemnification by you hereunder. |
| Our
Relationship |
| You
acknowledge and agree that no joint venture,
partnership, employment, or agency relationship
exists between you and Toeesy as a result of the
TOS or your use of this Site. You agree that you
may not and will not hold yourself out as a
representative, agent, or employee of Toeesy, and
we shall not be liable for any representation,
act, or omission on your part. |
| ENTIRE AGREEMENT |
| The TOS
(as amended from time to time) constitutes the
entire agreement between you and Toeesy regarding
your use of this Site, and supersedes any other
agreement or understanding, arrangements,
undertaking or proposal, written or oral, between
you and Toeesy in relation to such matters. In the
event any other rules, code of conduct, or other
matter posted on this Site conflicts with the
terms of the TOS, the TOS shall govern. No oral
explanation or oral information given by any party
shall alter the interpretation of the TOS. You
confirm that, in agreeing to accept the TOS, you
have not relied on any representation save insofar
as the same has expressly been made a
representation in the TOS and you agree that you
shall have no remedy in respect of any
misrepresentation which has not become a term of
the TOS save that your agreement contained in this
Clause shall not apply in respect of any
fraudulent misrepresentation whether or not such
has become a term of the TOS. |
| No
Waiver |
| No
waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision. |
| Governing Law |
| The TOS
together with all our policies and procedures will
be governed by and construed in accordance with
the laws of Hong Kong SAR and you irrevocably
submit to the exclusive jurisdiction of the courts
of Hong Kong SAR. |
| YOUR
ORDER |
Place
Your Order
Making a purchase is easy. Just
follow these simple steps:
• Shop by
browsing through our Category or searching our
brand list.
• Click on the image to access
the individual item's product page where you will
be given information on sizing, color options, and
quantities remaining in stock.
• Add
merchandise to your shopping bag by clicking on
the 'Add to bag' button near the desired item.
• Review the items you have chosen in your
shopping bag. To delete an item from your shopping
bag, click on the 'Remove' button next to the
item. To change the number of items, key in the
new quantity and click on 'update'.
•
Resume shopping after viewing your shopping bag,
click the 'Continue' button. Please be aware that
when the item is in your shopping bag another
customer can still purchase it.
• Proceed
to 'Checkout' to finalize your purchases and
follow the instructions. |
| ELIGIBILITY TO
PURCHASE |
The
purchase of merchandise through Toeesy.com is
strictly limited to parties who can lawfully enter
into and form contracts on the Site in accordance
with Hong Kong SAR law.
In order to make
purchases through this Site, you will be requested
to register and provide your personal details. In
particular, Customers must provide their real
name, phone number, e-mail address and other
requested information as indicated. Furthermore,
when ordering items, you will be required to
provide payment details and you represent and
warrant that the payment details you provide on
ordering are both valid and correct and you
confirm that you are the person referred to in the
Billing information provided.
The Site is
available only to individuals and others who meet
the Toeesy terms of eligibility, who have been
issued a valid credit card by a bank acceptable to
Toeesy, whose applications are acceptable to
Toeesy and who have authorised Toeesy to process a
charge or charges on their credit card in the
amount of the total purchase price for the
merchandise which they purchase (see Credit Card
Use). Purchases made on the site are for the
personal or gift use of the buyer only and are not
to be used for re-sale, commercial purposes or any
other commercial benefit. Toeesy reserves the
right to restrict multiple quantities of an item
being shipped to any one customer or postal
address.
Moreover, by making an offer to
purchase merchandise, you expressly authorise us
to perform credit checks and, where Toeesy feels
necessary, to transmit or to obtain information
(including any updated information) about you to
or from third parties from time to time, including
but not limited to your credit-card number or
credit reports (including credit reports for your
spouse if you reside in a community property
jurisdiction), to authenticate your identity, to
validate your credit card, to obtain an initial
credit card authorisation and to authorise
individual purchase transactions. |
| Orders |
All
orders are subject to acceptance and
availability.
Prices shown on the site are
in HKD. |
| ACCEPTANCE OF YOUR
ORDER |
Once you
have made your choice and your order has been
placed, you will receive an email acknowledging
the details of your order. This email is NOT an
acceptance of your order.
Unless you cancel
your order in accordance with our Cancellation
policy below, acceptance of your order and
completion of the contract between you and Toeesy
will be perfected when we despatch the goods to
you.
We reserve the right not to accept
your order in the event, for example, that we are
unable to obtain authorisation for payment, that
the item ordered is out of stock or does not
satisfy our quality control standards and is
withdrawn or that you do not meet the eligibility
criteria set-out above.
Furthermore, we
may refuse to process a transaction for any reason
or refuse service to anyone at any time at our
sole discretion. We will not be liable to you or
any third party by reason of our withdrawing any
merchandise from the Site whether or not that
merchandise has been sold; removing, screening or
editing any materials or content on the Site;
refusing to process a transaction or unwinding or
suspending any transaction after processing has
begun. |
| PAYMENT |
Payment can be made by Visa, MasterCard, PPS (INTERNET) AND CHINA UNION PAY. Payment will be debited and cleared from your account upon receipt of your order by Toeesy. You confirm that the credit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your
payment card refuses to authorise payment to
Toeesy, we will not be liable for any delay or
non-delivery.
We take all reasonable care
to make our Site as secure as we can make it. All
credit card transactions on this site are
processed using Paypal, a secure online payment
gateway that encrypts your card details in a
secure host environment. At Toeesy we do not hold
your credit card details on the website or our
customer database.
To help ensure that
your shopping experience is safe, simple and
secure Toeesy uses Secure Socket Layer (SSL)
technology. This encrypts and protects the data
you send to us over the internet. If SSL is
enabled then you will see a padlock at the bottom
of your browser and you can click on this to find
out information about the SSL digital certificate
registration.
Furthermore, we will take
all reasonable care, in so far as it is in our
power to do so, to keep the details of your order
and payment secure, but in the absence of
negligence on our part we cannot be held liable
for any loss you may suffer if a third party
procures unauthorised access to any data you
provide when accessing or ordering from the Site. |
| TRACKING YOUR ORDER |
You can
check the current status of your shipment on the
delivery company's website. Simply type in your
unique tracking number which we e-mailed to you,
and we will track your shipment for you. The
details will be included in your Order
Confirmation email.
Toeesy will store a
record of your transactions for a minimum of one
year. Please note that for your security only a
record of your transaction is kept on the Toeesy
web site, your credit card details are not held on
the Website. |
| EXCHANGES (All merchandise are not refundable) |
We accept returns of unworn and unwashed merchandise due to size reason or defective merchandise for an exchange (or store credit if the specified item is out of stock). Simply inform us at returns@toeesy.com and return the item within 7 days, along with the original receipt (enclosed with your order) and original brand tag (if available) and we will gladly exchange the item for the right size or selection. Shipping and handling fee is non-refundable. HKD$40 restocking fee is levied on returned items.
Returned merchandise should include the packaging and be in the same condition as when it was received. Please note that Sale Items are non-returnable and non-exchangeable.
All merchandise are not refundable. |
| PRICE
ADJUSTMENTS |
We work
hard to ensure the accuracy of pricing, but
despite our best efforts, pricing errors may
occu
• If an item's correct price is lower
than our stated price, we will charge you the
lower amount when your order is shipped.
•
If an item's correct price is higher than our
stated price, we will, at our discretion, contact
you for instructions before shipping. If we are
unable to contact you after 15 days we will cancel
your order and notify you of such cancellation. |
| CREDIT CARD USE |
We accept the following credit cards for online purchases:
VISA
MasterCard
PPS (FOR INTERNET)
CHINA UNION PAY
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| Credit Cards |
The
total dollar amount of your order is allocated at
the time your card is approved, although payment
(transfer of funds) does not occur until the order
ships. If the amount charged exceeds your credit
limit, your order will be automatically
cancelled.
Toeesy reserves the right to
make changes to this policy, notably in line with
any revised legislation. Please check back from
time to time to ensure you are aware of any
changes in our privacy policy practices. Your
continued use of our site will signify your
acceptance of these changes. |
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