PROLOGUE
Welcome to www.burlapwatch.com
We encourage you to read carefully the following terms and conditions which governs your use of and purchase of Products from the Website. Further clarifying that, by using our Website or by providing personal information to us, you agree to be bound by these Terms of Use set forth below, the Terms of Sale and Cookie Policy, as well as any other documents referred to therein.
1. DEFINITIONS
When the following words appear in the following Terms, this is what they mean collectively:
“Events Exceed Our Control” is defined in Clause 10 “we” “our” or “us” refers to Burlap Limited (registered in Hong Kong);
“you” or “your” refers to each customer;
“Order” refers to the purchasing order for the Products you made via our Web- site;
“Products” refers to the goods that we are selling to you as set out in the Order;
“Terms” refers to the terms and conditions set out in this document;
“Website” refers to www.burlapwatch.com, the official Website of Burlap Watch HK Limited.
2. THE CONTRACT BETWEEN YOU AND US
2.1 The followings are the terms and conditions reflect on which the Products we supply to you.
2.2 Prior to placing your Order; Please ensure that you have carefully read these Terms, and the details on the Order and in these Terms are complete and accurate. Should you think there is a mistake, please contact us promptly to discuss; in avoiding any further confusion between you and Us, please make sure
that you ask for Our confirmation on any changes in writing form.
2.3 Your Order will not be automatically accepted by us when you submit the Order to our systems. In Clause 2.4, it discusses and describes our acceptance of your Order. In any case where we are unable to supply you with the Product(s); you will be informed via E-mail and your Order will not be further processed.
2.4 Your Order can and only be accepted under the circumstance where we must receive payment as the whole price of the Product(s) listed on the Website. Once we have received the payment in full amount,
you will receive an E-mail, at the email address which you provided at the time you place your Order, confirming the acceptance of your Order. Our acceptance of your Order by sending that e-mail brings into existence of a legally binding contract between you and us.
2.5 As we confirm your Order, an E-mail will be sent notifying you that your Order is assigned with an identification number. Should you encounter any problem or enquiry about your Order, please identify theorder number in all subsequent correspondences.
2.6 We must hereby clarify that the Products displayed on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because many of our products are handmade from natural materials, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 2% tolerance.
3. PRICING & PAYMENT
3.1The price payable and payment method for Products which you order are as set out on our Website. The prices may change at any time; please note, any price change will not affect confirmed Orders that we have made with you.
3.2These prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect. You are responsible for paying such import duties and other taxes.
3.3The prices for the Products exclude delivery costs, which will be added to the total amount due and it might not be possible for us to deliver to some locations. Our delivery charges are set out here.
4. CANCELLATION UPON YOUR RIGHTS
4.1 You may exercise your right in cancelling your contract with us for the Products you order at any time up to the end of the fourteenth day from the date you receive the ordered Products. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract, you must notify us in writing at enquiries@burlapwatch.com .
4.3 If you have received the Products before you cancel your contract, then:
4.3.1 You must notify us in writing at enquiries@burlapwatch.com or complete the relevant form on the ‘Returns’ page of the ‘my account’ section of our Website to notify us of your intention to cancel your contract and return the Products;
4.3.2 We will then email you with a “Returns Authorisation ID” and our returning address;
4.3.3 We must clarify that all returning Products are made at your own cost and risk; therefore, we would recommend that you use a secure, trackable means of shipment and insure the shipment.
4.4 In the case of if you would like to cancel your contract where the Products have already been processed for delivery, you must not unpack the Products upon your receiving of the Products, which you must return the Products to us at your own cost and risk as soon as possible by following the procedure as set out in Clause 4.3.
4.5 Once you have notified us in writing that you are cancelling your contract, any sum debited in favour of us shall be returned to you as soon as possible PROVIDED THAT: if you received the Products in question, they have been returned by you to the above address and received by us in the condition they were in upon the delivery to you (including any packaging and tags). If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be refunded to you. If the returned Products is not in the same condition as they were supplied to you, then we shall be entitled at our discretion to:
4.5.1 deduct a cost related to the damage to the Products from the amount to be refunded to you; or
4.5.2 refuse to accept the return and send the Products back to you.
4.6 If you wish to cancel your contract with us for the Products after the end of the period specified in Clause
4.6.1 you may do so by emailing enquiries@burlapwatch.com up to the end of the fourteenth day after you receive the ordered Products. If you cancel your contract under this Clause 4.6, you must return the Products delivered to you by following the procedure set out in Clause 4.3.
4.7 If you cancel you order in accordance with Clause 4.6 and we will issue a refund credit (which you can spend on our Website) to you with a value equivalent to the value of your cancelled Order PROVIDED THAT you return the Products in question in the condition they were in upon the delivery to you (including any packaging and tags).
5. IF THE PRODUCTS ARE FAULTY
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. We must clarify that nothing in these Terms will affect these legal rights. If your Products are faulty or suspected damaged during transportation, please contact enquiries@burlapwatch.com within 14 days for compensation information.
6. CANCELLATION BY US
6.1 We reserve the right to cancel the contract between us in any case where:
6.1.1 We are unable to deliver the Products you have ordered due to an Unforeseeable Event (see Clause
10) or insufficient stock;
6.1.2 We are unable to arrange delivery to your region; or
6.1.3 One or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we cancel the contract between you and us, we will notify you in writing by e-mail and will refund any amount paid by you to us as soon as possible, but in any event within 30 days of your Order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. DELIVERY OF PRODUCTS TO YOU
7.1 We shall arrange delivery of the Products you ordered to the address you provided for delivery at the time you check out on your Order.
7.2 Delivery will be made as soon as possible after your Order is accepted.
7.3 Our delivery options and estimated delivery times can be found here [insert link to page displaying delivery options]. Please note that timescales for delivery and delivery charges may vary depending on the availability of the Products and the location of your address. Our confirmation e-mail of your Order will contain an estimated delivery date. Occasionally, our delivery to you may be affected by an Unforeseeable Event. Please see Clause 10 for our responsibilities should this happen.
7.4 Please note that all our Products delivery to you must be signed for.
7.5 If we are unable to deliver your Order in whole package due to operational reasons or shortage of stock, we may deliver your Order in instalments. We will not charge you extra delivery costs for this. However, in other cases where you would like us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
7.6 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and signed by you.
7.7 You will become the owner of the Products you have ordered when they have been delivered to and signed by you. Once the Products have been delivered to and signed by you, they will be held at your own risk and we will not hold liability for their loss or destruction.
8. LIMITED LIABILITY
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foresee- able result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
8.2 Our Products supplied are for only domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we hold no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products you purchase.
8.4 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer and we do not exclude or limit our liability in any way for:
8.4.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or sub- contractors;
8.4.2 Fraud or fraudulent misrepresentation;
8.4.3 Breach of the terms implied by Section 14 of Cap. 26 SALE OF GOODS ORDINANCE (title);
8.4.4 Breach of the terms implied by Section 15, 16, 17 of Cap. 26 SALE OF GOODS ORDINANCE (description, satisfactory quality, fitness for purpose and samples, free from defective qualities)
9. NOTICES
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent by email to enquiries@burlapwatch.com. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provided in your Order.
10. UNFORESEEABLE EVENTS
10.1 We shall have no liability to you for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any Unforeseeable Event. An Unforeseeable Event means an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other third-party industrial actions, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.2 Should an Unforeseeable Event occur in which affects our obligations under these Terms:
10.2.1 We will contact you as soon as possible in writing to notify you; and
10.2.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Unforeseeable Event. Where the Unforeseeable Event affects our delivery of Products to you, we will rearrange a new delivery with you after the Unforeseeable Event is over.
10.3 You may cancel the contract should an Unforeseeable Event take place where you no longer wish us to provide the Products. Please see your rights of cancellation under Clause 4. We will only cancel the contract if the Unforeseeable Event continues for longer than 4 weeks in accordance with our rights of cancellation in Clause 6.
11. INVALIDITY
If any part of these Terms is unenforceable (including any provision in which we limit or exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. INAPPROPRIATE CONTENT
12.1 When accessing our Website, any applications, or using our services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
12.1.1 is libelous, defamatory, obscene, pornographic, abusive or threatening; or
12.1.2 advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
12.2 BURLAP will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
13. PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy, which can be accessed here [insert link to privacy policy].
14. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the Cap. 623 Contracts (Rights of Third Parties) Ordinance to enforce any term of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. GOVERNING LAW
The contract between us shall be governed by and interpreted under Hong Kong Law and Hong Kong Courts shall have jurisdiction to resolve any disputes between us.
16. ENTIRE AGREEMENT
These Terms, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us.
