TERMS AND CONDITIONS
The following Terms and Conditions constitute the whole legal agreement between you ("your", "customer") and Qipology (referred to as the "Company", "we", "our" or "us") and govern your use of the website at www.qipology.com (the "Site") and the services offered on the Site (the "Services") and completely supersede and replace any prior agreements between you and us in relation to your use of this Site and the Services. Please read these Terms and Conditions carefully before accessing or using our website. By using or purchasing products and services through this Site, you agree to be bound by these terms.
We reserve the right to update or modify these Terms and Conditions as needed, and without prior notice to you. When these changes are made, we will make a new copy of the Terms and Conditions, which will be available on the Site. It is your responsibility to check the Terms and Conditions regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those modifications.
- INTELLECTUAL PROPERTY RIGHTS:
Unless stated otherwise, all content within this Site including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned exclusively by the Company and the Company reserves all copyrights and other intellectual property rights with respect thereto. You are not authorized to 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. In that connection you are not authorized to collect and use any product listings, descriptions, photographs or prices displayed on this site in connection with competing with the Site or for other commercial purposes; or create, reproduce and/or distribute any materials derived from the content provided on the Site. You are not authorized to use this Site, or any of its Content, to further any commercial purpose, including but not limited to any advertising or advertising revenue generation activity on your own Site.
This Site is for your personal, non-commercial use only. The product designs are our exclusive property and protected by applicable copyright and other proprietary rights and laws. You are not authorized to reproduce, sell or otherwise use these designs, partially or as a whole.
All comments, suggestions or other communications posted to the Site or otherwise sent to us shall be and remain our sole property. By submitting any comments, suggestions or other communications to us, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way that we deem appropriate. You further agree that we may use, copy, disclose, publish and distribute such materials without restriction and without any obligation to compensate you.
- GOVERNING LAW:
The Terms and Conditions together with all of our policies and procedures will be governed by and construed in accordance to the laws of Hong Kong Special Administrative Region (“HKSAR”) of the People’s Republic of China and you agree to submit to the exclusive jurisdiction of the courts of the HKSAR.
- MODIFICATIONS TO THE SERVICES:
We are constantly innovating in order to provide the best experience to you or other uses of the Site and the Services. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you at our sole discretion, without prior notice to you. By accessing this Site, you acknowledge and agree to any modifications to the Services and accept and agree to be bound by them.
- ACCURACIES OF SITE INFORMATION:
We are not responsible if information made available on the Site is inaccurate or incomplete. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis of making decisions. Occasionally, there may be information on the Site that contain typographical errors, inaccuracies and omissions that may relate to product descriptions, pricing, materials, promotional offers, shipping costs and transit times. We reserve the right to correct any errors and inaccuracies and change or update information or cancel orders if any information in the product or services is inaccurate, without any prior notice, which may result in cancellations in placed orders. This Site may also contain historical information or references that are not current and should be used as references at your own risk only. We reserve the right to modify the contents of this Site at any time, but undertake no obligation to update, amend, clarify or ensure the information are accurate, except if required by law. There will be no specified updates or refresh date indicated should there be modifications or updates made. It is your responsibility to check accordingly.
- ELIGIBILITY TO PURCHASE:
- USER RULES:
We reserve the right to deny you access to any and all part of this Site and terminate your account, for any reason or no reason, and at our sole discretion. The below rules shall govern your conduct regarding the use of this Site.
- Unlawful Purposes: You agree that you will not use the Content from the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for any postings that are sent through your account to any blogs or forum or any other part of the Site. You may not post or transmit any message which is defamatory to the Company or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
- Unsolicited Information: We may give you the opportunity to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We appreciate any comments and feedback to better improve our products and services but we do not accept or consider other unsolicited ideas. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.
- Interference with Other Users’ Use. You shall not interfere with other users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in a community or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or blogs. Notwithstanding this, users can voluntarily form closed prayer forums, which are inaccessible by other users without violating this provision.
- Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
- Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where user posted content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
- Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
7. PRODUCTS, COLORS & MATERIALS:
As Qipology makes bespoke garments as part of our customization service, we often hold small inventory of materials to ensure each garment is special and unique to every customer. Should there be cases where the materials are unavailable, we will send an email to your registered email address to provide alternative options for you to choose.
We understand that you want to know what your garment should look like when it reaches you, so we sometimes use digital color replication on our Site to show all the color variations you can choose from. We strive to display the colors, materials variations and images of our products as realistically as possible but with the use of different computers and mobile screens by each customer, we cannot guarantee there will be no discrepancies. There may be cases where the color shown digitally does not perfectly match the color of the actual garment and some slight variations may occur. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- PRICES & CURRENCIES:
Prices shown on the Site are in USD only. The base currency of www.qipology.com is in USD, wherever the goods are shipping from and to. If you are a customer whose credit card is denominated in [any currency other than U.S.Dollars] [GBP, Euros, RMB, HKD or other foreign currencies], the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
All products will be invoiced with the relevant sales taxes or VAT as required by law. These taxes will be different depending on the final shipping destination.
We are unable to offer price adjustments on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked down.
Prices for our products are subject to change without notice.
- ORDER ACCEPTANCE AND CANCELLING ORDERS:
All orders are subject to acceptance and feasibility of construction. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms and Conditions. We will not accept your order if, for example:
- We are unable to obtain authorization for payment
- Shipping restrictions apply to your destination for your ordered items
- The item does not satisfy our quality control standards and is withdrawn
- You do not meet the eligibility to purchase as stated within the Terms and Conditions.
Acceptance of your order and completion of the contract between you and us will be completed when we send an email to you to confirm the details of the order. This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, costs (including VAT and shipment charges). It is your responsibility to check that all details are correct and contact us as soon as possible should there be any details that are incorrect.
If your order is not accepted, you will receive an email from us explaining the reasons.
Orders placed within 2 hours can be cancelled via email by contacting us at email@example.com and marking “order cancellation” and ensure you indicate your name, address and order number on the email. Once we have received your email notifying us that you wish to cancel your order, if it is sent within 2 hours of placing the order, we will refund the amount to your relevant credit or debit account on the sum that was debited to us, within 30 days.
- SHIPPING AND DELIVERY:
All designs from Qipology require a minimum delivery period as each piece is made to order. This will range from 4 to 8 weeks for production and delivery however we do have “express” options available at a surcharge if you require your qipao urgently. Please contact us and let us see what we can do.
Shipping within Hong Kong and China are free. All international orders will be charged a flat rate shipping fee of USD 50.
As soon as we ship out your order, we will provide you with a tracking number.
Please note that we are not responsible for any delays caused by destination customs clearance processes or any situation or circumstance which is not within our control.
- ALTERATIONS AND RETURNS:
We include one free alteration after you receive your final goods. However, shipping costs to and fro, will not be borne by us.
If for any reason you are not happy with the garment, you can return it for a partial refund subject to the following terms and limitations.
- A 60% restocking fee is applied for all returned custom dresses. This must be returned within 7 days of receipt.
- Any item to be returned must be new, unused and unworn and in a resalable condition, with the brand tag still attached at the same place as originally sent.
If you wish to return the goods, you must first send us an email at firstname.lastname@example.org with the heading marked “Returns”. We will then provide details on how to proceed. We aim to re-credit your relevant credit or debit account less any shipping charges within 30 days of receiving any goods returned by you, under these Terms and Conditions.
- PROMOTIONAL DISCOUNT CODES:
There may be times when we offer promotional discount codes, which may apply in respect of any or certain specified purchases made throughout this Site. The conditions of use relating to any discount code will be specified at the time of issue. Please read through their terms and conditions carefully.
- GIFT WITH PURCHASE:
There may be times when we offer free gift with purchase. The free gift with purchase promotion applies only to new orders placed on our Site and fully paid after the date the free gift with purchase promotion is available on the Site. The below terms and conditions will apply.
- You are only limited to one free gift per order irrespective of the number of items purchased in your order.
- The free gift with purchase is available only while stock lasts.
- The free gift with purchase cannot be redeemed, refunded or exchanged for cash or any other discount.
- We reserve the right to withdraw, modify, vary or terminate any free gift with purchase promotion at any time for any reason.
- ACCOUNT CONFIDENTIALITY AND ACCESS:
To use some of our Services, you will need to register your information on the Site. When you register, you will be requested to provide current, correct and complete personal details about yourself. You must provide your legal name (corresponding to the one that appears on your identity documentation, if any), date of birth, contact number, email and delivery addresses, credit card numbers and expiry dates, and other information that may be requested.
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. The Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in username, password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms and Conditions. You further acknowledge and accept that the Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You agree to immediately notify the Company of any unauthorized access to your Account or any other unauthorized use of the Site.
You agree that the Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
- PAYMENT AND SECURITY:
Payments can be made by Visa or MasterCard credit or debit cards, PayPal, or any methods which are clearly advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by us.
You confirm that the credit / debit card that is being used for purchase is yours or that you have been specifically authorized by the owner of the credit / debit card to use. All credit / debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay, cancellations or non-delivery. You will remain liable for the purchase price of your order if for any reason your credit card company fails to pay us in full for the amount charged to your account.
In an effort to control unauthorized and/or illegal activity, the Company screens incoming orders to protect our customers as well as our company from fraud. If there is reasonable cause to suspect such activity, we reserve the right to decline the order. You will however be notified by our Customer Service department and may be asked to verify and/or provide information for further verification.
Furthermore, we will take all reasonable care, in so far as it is in our reasonable control 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 unauthorized access to any data you provide when accessing or ordering from the Site.
- THIRD PARTY LINKS
Certain content, products and services available on our Site may include materials from third party affiliations. We have not reviewed all of the sites linked to this Site and are not responsible for examining or evaluating the content or accuracy on external websites. We do not warrant and will not be 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 offense 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. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to us.
You agree to indemnify, defend and hold the Company and its subsidiaries, affiliates, , partners, directors, officers, agents, contractors, service providers, interns, suppliers and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.
- PERSONAL INFORMATION
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Your use of this Site is at your sole risk. All products and services delivered to you are (except as expressly stated by us) provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the company disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of title, merchantability and fitness, for particular purpose and non-infringement.
The Company makes no representations or warranties of any kind, expressed or implied, that the operation of this Site will be uninterrupted or error free, that any defects will be corrected or that the Site or server that makes the Site available are free of viruses or other harmful components.
The Company shall not be liable for any damages of any kind arising from the use of, or inability to use, this Site or from any information, content, materials, products or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages, even if the company has been advised of the possibility of such damages.
If you are not satisfied with any part of this Site, or Terms, your sole remedy is to discontinue use of this Site. If a product offered on this Site is not as described, your sole remedy is to return it according to our return policy.
In the event that any provision of these Terms or Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.