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Terms & Conditions

Thank you for visiting the Her Own Words website at http://[•] (the “Site”) of Le Ying (Trading) Hong Kong Limited. Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following terms of use and service and any other rules posted on the Site from time to time (collectively, the “Terms of Service” or “TOS”). In these Terms of Service, “we”, “our” and “us” refers to Le Ying (Trading) Hong Kong Limited, together with our parent and subsidiaries including but not limited to [•], and “you” and “your” refers to the user of the Site. By visiting the Site and/or using its Services, such as placing orders on the Site, you are agreeing to all of the Terms of Service.

We are a company registered in the Hong Kong Special Administrative Region (“Hong Kong”).

Our registered address is Units 2201 - 09, 22/F, Tower A, Regent Centre, 63 Wo Yi Hop Road, Kwai Chung, NT.


1. Registration


You will need to register an account to use some of the Services available on the Site. In registering an account you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Statement (available at http://[•]) for more information on how we use your personal data. If you are under 18, you must let your parents or guardian know about these Terms of Service and our Privacy Statement before you register to use the Site and the Services. We reserve the right to only accept orders from persons who are aged 18 or over.


In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or that there is unauthorised use of your account, please contact us immediately. Please refer to our contact information in the clause headed “Contact”.


We may make changes to these TOS from time to time and without prior notice. We will post the updated TOS to the Site. You are advised to regularly check for changes, and to carefully read the TOS prior to placing any order.


2. Use of the Site


You agree that, by placing your order, you have read and unreservedly accept the TOS. Further, you agree that:

a) You may only use the Site to make legitimate enquiries or orders.

b) You will not make any false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

c) You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should be necessary (see our Privacy Statement).

d) If you do not give us all of the information that we need, we may not be able to complete your order.


Prohibitions and Failure to Comply: We may take actions against your account for activities including, but not limited to:

a.Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way;

b.Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;

c.Advertising or sending unsolicited messages of any kind; or

d.Impersonating others or providing any kind of false information.


We reserve the right to terminate any account at our sole discretion. We may send you an email to inform you of the termination of your account in such event. For more information, please refer to the clause headed “17. Termination”.


3. Intellectual Property


All software and Content (which is defined as, or includes, any text, software, scripts, code, designs, audio or music, video, graphics, photographs, image s, applications, interactive features and all other content on the Site) are our intellectual property and are protected by the intellectual property laws of Hong Kong and international treaty provisions.

All intellectual property on the Site is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. [All trademarks, service marks and trade names are owned, registered and/or licensed by us.All Content on the Site (except for user generated content), is a collective work under the copyright laws of Hong Kong and other countries and is our proprietary property.


You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without our prior written consent.


The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by us and/or our third party licensors.


You may not distribute, reproduce, publish, sell or license any Content without our prior consent or authorization. Any such unauthorized actions may result in civil consequences or criminal penalties.


We reserve the right to withdraw, suspend or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.


4. Third Party Links


The Site may include links to other websites or resources that are not operated or prepared by us. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.

We are not responsible for the content or accuracy of any off-Site pages, which include but are not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.


5. Eligibility to Purchase


In order to place orders with us, you must meet our conditions of eligibility:


a. Be aged 18 years or over;

b. Be in possession of a valid credit/debit card issued by a licensed bank acceptable to us for payment; and

c.Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).


In placing an order with us, you authorise us to process a charge or charges on your credit/debit card in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference, anti-money laundering or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Statement for further information about how we use your data.


By placing an order through the Site, you warrant that you have reached the legal age under the laws of Hong Kong and that you are legally capable of entering into binding contracts and are fully responsible for the authenticity of all information contained in your order. You hereby confirm, before placing an order through the Site that: we have provided you with and drew your attention in a conspicuous manner to, and you have carefully read and fully understand – the relevant information of the products or service in your order, including quantity and quality, price or expense, performing period and method, safety caution and risk warning, after sales service, civil liabilities, etc.


All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.


The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.


6. Product Description


We will endeavour to ensure that the Content and the product descriptions on the Site to be as accurate and complete as possible. We however do not warrant that the Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by us is not as described.


7. Pricing

Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a shipment confirmation) if the pricing error is obvious and could have reasonably been recognized by you as such.


The prices of the products may change from time to time, but (except as provided above) changes will not affect any order which we have confirmed in the order confirmation.


If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate provided by your agreement with the issuing bank.


Those ordered products for shipment to countries outside of Hong Kong may be subject to import laws, customs duties, taxes and fees applied or levied by the destination country, which are not included in the price of the products. The purchaser of the shipment will be the importer of record in the destination country and is responsible for compliance with all the relevant import laws and payment of all the relevant customs duties, taxes and fees. We have no control over these laws and charges and do not guarantee the ordered products meeting local import laws, customs laws and/or duties and taxes, or assume any responsibility in relation to such laws, duties or taxes.


8. Payment


We accept payments made by Visa and MasterCard and Braintree.

By placing an order using one of the abovementioned payment methods, you confirm that the payment account used is yours or that you have been authorised by its owner to use it. If your card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery.


Our payment processes meet the data security standards set down by the payment card industry with the intent to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, you do so entirely at your own risks. While your details will be fully encrypted by the software provided in our systems and will be solely used to process card transactions that you have initiated for any reason, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any of your data stored in our systems.


9. Acceptance of your Order


Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order.

Your order will be accepted and the contract between you and us will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong and are written in English.

We reserve our right not to accept an order for any reason at our sole discretion. Such reasons include, but are not limited to, any of the following:


a.The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping or import restrictions applicable to one or all of the ordered items;

b.We identify a pricing or product description error;

c.We cannot deliver one or all of the ordered items to the address provided by you;

d.Your order is flagged up by our security system as an unusual order or an order susceptible to or suspected of fraud;

e.We are unable to obtain authorisation for payment;

f.You do not meet the eligibility criteria to purchase as set out in these TOS; and/or

g.Due to circumstances or events beyond our control.


Our customer service team will contact you as soon as possible if there are any problems with your order.

Please note that we cannot make or accept any changes (e.g. address, size, colour and quantity) once your order has been placed.


10. Shipping and Collections


You will be given an indication of the expected delivery time when you place your order online. Our customer service team will try its best to meet these estimates but cannot guarantee that such estimates will be met.

For the purpose of these TOS, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfillment of your order by us.


If we are unable to deliver the goods, we will process your refund as soon as possible. We will refund any money received from you using the same method used to make payment.

We provide free shipping on all orders in Hong Kong.

We provide free standard delivery on all orders above $500 (USD$64) in Australia, Belgium, Brazil, Cambodia, Canada, Denmark, Finland, France, Germany, Indonesia, Italy, Japan, Macao, Malaysia, Netherlands, New Zealand, Norway, Philippines, Poland, Russia, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, United Arab Emirates, United Kingdom, United States and Vietnam.

We reserve the right to update our shipping policy at our sole discretion without prior notice.


11. Risk and Title


The products will be at your risk from the time of being dispatched to the address indicated by you. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including shipping/delivery charges, or upon delivery (as defined in clause 10 above), should this be later.


12. Returns


In order to provide you with the best possible online shopping experience, we maintain a 30-day “no questions asked” return policy. If for any reason you are not 100% satisfied with your purchase, you can return your order for a full refund. All panties item, for sanitary reasons are not returnable.

a.You can return your order for up to 30 days from the purchase date (the date when we sent the e-mail confirming the goods are being dispatched to you);

b.Products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging; and

c.All panties item, for sanitary reasons are not returnable.


You can make a return by mailing to us. Please note that we will not be able to provide a refund on any shipping fees, customs duties, taxes and/or fees levied or charged for the original order. You will be responsible for the costs, customs, taxes and fees of returning the product to us.

No exchange service is available for purchases made through the Site. We reserve the right to reject returns sent or communicated beyond the return period limit, or items (and their packaging) which are not in their original condition.


Returns of defective products


In circumstances where you consider the product defective, you should promptly contact us via cs@howherownwords.com.


Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email within a reasonable period of time. In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any necessary and reasonable costs incurred by you in returning the item. We will make the refund using the method that you used to make payment.


13. Your Rights


Nothing in the TOS is intended to affect your rights under the laws of Hong Kong.


14. Liability


Our liability in connection with any product purchased through the Site is strictly limited to the purchase price of that product.

Views expressed or representations made in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. We take no responsibility for any such views or representations as they do not necessarily reflect ours.

We do not guarantee that the use of the Site and its Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed. We do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Service. Additionally, third parties may make unauthorized access, interference or alterations to the Site and/or our systems.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.


15. Events outside our control


We will not be liable or responsible in part or in whole for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”) in light of the impact of such Force Majeure Event. A Force Majeure Event refers to the objective circumstances that are unforeseeable, unavoidable and insurmountable.

Although we take reasonable steps to prevent the introduction of viruses, worms, "Trojan Horses" or other destructive materials to the Site, we and our affiliates, agents, licensors or other third party providers do not guarantee or warrant that the Site or content displayed on the Site (whether downloadable or not from the Site) do not contain such destructive features. We and our affiliates, agents, licensors or other third party providers are not liable for any direct, indirect or consequential loss or damage attributable to such destructive features. For the avoidance of doubt, any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material from the Site.

We may also have links from the Site to other third party websites; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.


16. Indemnity and Waiver


At our request, you agree to compensate us fully and hold us (including our officers, directors, agents, affiliates, licensors, and suppliers) harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes, but not limited to, the use of the Site by any other persons using your account with or without your authority.

If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS. No waiver by us of any of these TOS shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


17. Complaints


We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our customer care team for any order related complaints or comments.

We respect the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.


18. Governing Law and Jurisdiction


The TOS, together with all our policies and procedures, are governed by and construed in accordance with the laws of Hong Kong. The relevant courts of Hong Kong will have exclusive jurisdiction in the event of any dispute or claim arising therefrom or associated therewith.


19. Termination


We reserve the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of the Site at any time, for any reason (but without the obligation to disclose such reason). We reserve the right to change, suspend, or discontinue all or any aspect of the Site, products and services available on or through the Site at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination.

Any clauses of these TOS that must survive termination in order to give effect to their intent and meaning shall survive termination of your account.


20. Disclaimer of Warranties


Subject to Clause 14 “Liability”, the Site and any goods or Services made available through the Site are provided to you “as is” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the Site. We and our affiliates, suppliers and service providers disclaim all warranties with respect to the Site and any product or Services (including without limitation, third party products and services) obtained through the Site, to the fullest extent permissible under applicable law, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement and title.


21. Miscellaneous


Independent Contractors: The TOS do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.

Severability: If any provision of the TOS is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from the TOS and will not affect the validity and enforceability of any remaining provision.

Assignment: You may not assign, transfer or sublicense any or all of your rights or obligations under the TOS without our express prior written consent.


Entire Agreement: The TOS, together with all policies referred to herein, constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to the subject matter herein.


Contact


If you have any comments or suggestions we would be pleased to receive them at our address or by emailing us at cs@howherownwords.com .