Terms and Condition
GENERAL
- In these Terms of Use the following definitions shall apply:
- “Customer” shall mean you and all other persons who access this site under your Login.
- “Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:
- confidential information, business or trade secrets, know-how;
- copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);
- trade marks, service marks, business or trade names;
- design rights, topography rights;
- database rights,
- together with all other rights of a similar or corresponding character or nature.
- “Legal Notice and Disclaimer” shall mean the legal notice and disclaimer applicable to this site.
- “Privacy Policy” shall mean BraBeCute’s policy regarding personal data collected in connection with this site and BraBeCute’s policy regarding the privacy of Customers and visitors to this site, located at here.
- “Login” shall mean a Customer’s personal password and access to this site under that Customer’s registration.
- “Price” shall mean the price of a product on the day of order.
- “Product/Products” shall mean any and all the products for sale on this site.
- The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.
- You agree to provide complete and updated information for registration on this Website.
- You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.
- By submitting your order for processing at this site, you confirm that you have read, understood and agreed to the Terms and Conditions prevalent at the time your order is submitted for processing.
- The Customer agrees to pay for every order made under his Login and agrees to indemnify BraBeCute for all claims, loss and damages whatsoever made by any third party arising from the actions of any person placing any orders for the Products using the Customer’s Login. The Customer shall be responsible for updating his registration information including his credit card particulars with BraBeCute. The Customer shall be responsible for notifying his bank of any changes to his record, or loss, theft or unauthorised use of his credit card.
- BraBeCute shall make every effort to fulfil orders placed by Customers through BraBeCute Online Shopping, but shall not be liable to any person if BraBeCute Online Shopping shall decline or become unable to fulfil an order for whatever reason, including supply shortage or supply modification.
- Notwithstanding the provisions clause , BraBeCute reserves the right to decline any order it may, in its sole discretion, consider unreliable for credit reason or otherwise.
- Access to this site is gained through use of a personal password. BraBeCute shall not be responsible for any offline password management and the Customer shall ensure that his password is kept strictly confidential to prevent unauthorised use. BraBeCute shall use its best endeavours to prevent any unauthorised access to this site. However, BraBeCute shall not be liable for any loss or damages whatsoever if any third party gains unauthorised access to this site using the Customer’s Login.
- In each transaction, the maximum order quantity for each product is 50. All orders are subject to BraBeCute’s acceptance at its sole discretion and stock availability.
- Products and Prices displayed on this site are for reference only and are subject to alteration or modification at the time of actual transaction.
- The Price does not include delivery charges which may be applicable.
TITLE
All risks in the Products shall pass to the Customer upon delivery but BraBeCute shall retain title in the Products until full payment has been received.
FORCE MAJEURE
If the performance by BraBeCute of its obligations under this site is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of BraBeCute), BraBeCute shall be excused from such performance to the extent of such prevention.
VARIATION OF TERMS OF USE
We reserve the right to amend these Terms of Use from time to time in our sole discretion. Customers and visitors are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use. Once an order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time.
PREVAILING LANGUAGE
In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the Chinese version shall prevail.
APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Customer and BraBeCute agree to submit to the jurisdiction of the Hong Kong courts.