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Terms & Conditions

WELCOME TO THE MAISON XXII WEBSITE (THE “SITE”).

 

EFFECTIVE DATE:  1ST JUL 2018

MAISON XXII PROVIDES THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE, [HTTPS://WWW.MAISONXXII.COM/] (“THE SITE”) TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, OUR PRIVACY POLICY AND OTHER TERMS AND CONDITIONS AND POLICIES WHICH YOU MAY FIND THROUGHOUT OUR SITE IN CONNECTION WITH CERTAIN FUNCTIONALITY, FEATURES OR PROMOTIONS AS WELL AS CUSTOMER SERVICE, ALL OF WHICH ARE DEEMED A PART OF AND INCLUDED WITHIN THESE TERMS AND CONDITIONS (COLLECTIVELY, "TERMS AND CONDITIONS"). YOU MAY BE ACCESSING OUR SITE FROM A COMPUTER OR MOBILE PHONE DEVICE AND THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR SITE AND YOUR CONDUCT, REGARDLESS OF THE MEANS OF ACCESS.

WE MAY ALSO INTERACT WITH YOU ON THIRD PARTY SITES WHERE WE POST CONTENT OR INVITE YOUR FEEDBACK, SUCH AS FACEBOOK AND LINKEDIN (“THIRD PARTY SITES”). OUR TERMS AND CONDITIONS MAY PROVIDE GUIDELINES IN CONNECTION WITH OUR INTERACTIVE SERVICES, INCLUDING SERVICES THAT INVOLVE THIRD PARTY SITES, BUT WE DO NOT CONTROL THOSE THIRD PARTY SITES, AND THESE TERMS AND CONDITIONS DO NOT APPLY TO COMPANIES THAT WE DO NOT OWN OR CONTROL, OR TO THE ACTIONS OF PEOPLE THAT WE DO NOT EMPLOY OR MANAGE. YOU SHOULD ALSO CHECK THE TERMS OF USE POSTED ON THIRD PARTY SITES.

YOU MUST BE 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO MAKE A PURCHASE ON OUR SITE. IF YOU ARE UNDER 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT MAKE A PURCHASE ON OUR SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE

 

1.  Privacy
Please review our Privacy Policy so that you may understand our privacy practices.


2.  Eligibility to Purchase

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

         I.        Be aged 18 years of age or over.

        II.        Be in possession of a valid credit/debit card issued by a licensed bank acceptable to MAISON XXII for payment.

      III.        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 MAISON XXII to process a charge or charges on your credit/debit card account 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 or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

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.

 

3.    Your Registration

 

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. If you choose to register at the Site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by emailing us at [info@maisonxxii.com]. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

 

4.     Your Obligations and Responsibilities

 

By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

 

If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.

 

 

5.    Prohibitions and Failure to Comply

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

(i.)Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.(ii.)Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.( iii.)Advertising or sending unsolicited messages of any kind.(iv.)Impersonating others or providing any kind of false information. (v.)or forwarding chain letters of any kind.

 

MAISON XXII reserves the right to terminate any account in its sole discretion. We may send you an email to inform you of the termination of your account in such event.

 

6.    Copyright Complaints

 

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and a signed confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

 

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 MAISON XXII and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of MAISON XXII. Any such unauthorized actions may result in civil consequences or criminal penalties.

7.    Third-Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site including Third Party Sites. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these off-website pages or any other websites including Third Party Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the Site (including Third Party Sites), nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of all off-website pages and other websites (including Third Party Sites) that you visit.

 

8.    Product Descriptions

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

 

9.    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.

 

10.  Payment

We accept payments made by Visa, MasterCard, Union Pay and Amex.


By placing an order using one of the above credit/debit card payment methods, you confirm that the credit/debit card(s) used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to MAISON XXII, we will not be liable for any delay or non-delivery.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry 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, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.

 

11.  Acceptance of Your Order

Content (including without limitation product images, descriptions, pricing, stock availability, and sizing information) on this Website constitutes our invitation to treat, not a binding offer.

Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of your order. This email is confirmation of receipt of your order and does not constitute an acceptance of your offer / order or any promise concerning your offer / order.

If your order can be accepted by us, the contract between you and MAISON XXII shall be deemed concluded when we send you an email to confirm that the goods under your order have been shipped to you. 

Only the goods listed in the confirmation email sent at the time of shipment are included in the contract concluded. All sales contracts are concluded in Hong Kong SAR and are written in English.

MAISON XXII reserves its right not to accept an order for any reason in its sole discretion. Such reasons include, but are not limited to, one of the following:

                        I.        The product you ordered is out of stock, or is withdrawn for failure to meet quality standards or due to the shipping restrictions applicable to any or all of the ordered items.

                       II.        We are unable to accept your order due to a system error.

                     III.        We are unable to obtain authorisation for payment.

                     IV.         You do not meet the eligibility criteria to purchase as set out in these T&C.

Our Customer Service team will contact you as soon as possible if there is any problem with your order.

12.  Shipping and Collections

You will be given an indication of the estimated delivery time when you place your order online.  MAISON XXII’s teams will try their best to meet the estimated delivery but cannot guarantee that such estimate can be met.

Alternatively, some of the products ordered by you may be chosen to collect at our selected Hong Kong stores. You need to present the order confirmation number when the order is collected.


You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept that signature of the recipient or collector is evidence of delivery and fulfilment of your order by MAISON XXII. You also accept the associated transfer of responsibility in the same way.
 

 

 

13.  Special Arrangements

         I.        For peak seasons and special occasions (i.e. Valentine's Day and Mother's Day) pricing, delivery charges, order cut-off times, delivery and/or pick-up times may be altered

        II.        Adverse weather conditions (i.e. Typhoon No.8) may cause a delay in the delivery of your order. You will be notified by the supplier as soon as possible with the rescheduled delivery date and time of your order.


MAISON XXII provides free shipping on all orders above HKD600 per seller (after discounts and vouchers have been applied). Orders under HKD600 will be subjected to a shipping fee of HKD50 for delivery within Hong Kong. MAISON XXII reserves the right to update its shipping policy at its sole discretion without prior notice. 
 

14.  Return or Exchange

Unless otherwise stated, this Returns Policy applies to both in-store purchases and online purchases.

Merchandise may be exchanged (subject to stock availability) or returned within 14 days of purchase (in the case of in-store purchases) or receipt (in the case of online purchases) of Merchandise provided that:

      I.        All tags, certificates, warranties, care instructions, product labelling, authenticity cards, extra buttons, dust bags and boxes are intact and returned together with the Merchandise;

     II.        The original invoice is presented;

   III.        In case of returns or exchanges of online purchases returned or exchanged in store, the order confirmation number of the online purchases is presented.

   IV.        The Merchandise does not fall within the category of “Excluded Items” as defined below;

    V.        The Merchandise is in Sellable Condition as defined below; and

   VI.        A completed returns form is presented.
 

Returns or exchanges outside 7 days of purchase or receipt of Merchandise (as the case may be) may be accepted at the sole discretion of MAISON XXII.

For online purchases, please contact Customer Service team at +852 28093123 or email to 
info@maisonxxii.com for returns or exchanges. Returns or exchanges in Stores can only be made in the Stores where the online orders are made.

 

 

 

 

15.  Gift Returns

Merchandise that has been purchased as a gift (“Gift”) may be exchanged or returned within 7 days of purchase (in the case of in-store purchases) or receipt (in the case of online purchases) provided that:

      I.        All certificates, warranties, care instructions, product labelling, dust bags and boxes are intact and returned together with the Gift;

     II.        The original gift receipt is presented.

   III.        The Gift is in Sellable Condition.

   IV.        The Gift does not fall within the category of Excluded Items.
 

Returns or exchanges outside 14 days of purchase (in the case of in-Store purchases) or receipt (in the case of online purchases) shall be accepted in the sole discretion of MAISON XXII.

In MAISON XXII’s sole discretion, the original purchase amount will be credited to the credit/debit card used by the customer for purchase of the Gift or any designated account in the same name of such customer for all refunds for in-store and online purchases (as the case may be).

 

Returns and Exchanges of Merchandise purchased in store and delivered to customers

 

To return or exchange Merchandise that have been delivered at a pre-arranged delivery time, for example large or bulky goods, please contact our Customer Service team at info@maisonxxii.com to arrange collection or replacement. MAISON XXII reserves the right to make a charge of up to HKD1000 to cover the collection cost, which will be deducted from the amount to be refunded, except when the Merchandise is defective. Customers will be notified of this amount at the time of cancellation.

 

Contact Us

Please contact Customer Service team at info@maisonxxii.com regarding questions about this Returns Policy.

 

 

16.  Sellable Condition

“Sellable Condition” means that the Merchandise is still in its original packaging with the original labels and price tags still attached if any; that the Merchandise is unused, unwashed, unaltered and in the condition originally sold; and that the Merchandise is not damaged or soiled in any way.

17.  Excluded Items

A.   IN-STORE PURCHASES

No return or exchange will be accepted for the following items which are defined as “Excluded Items” for purchases in store: Merchandise invoiced as “no refund” or “no return no exchange”, Pre-sale, Sale or Aged Stock Merchandise invoiced as “no return no exchange” or sold “as is”, perishable goods, including food, beverages, flowers, plants (including the vases/pots/vessels in which the flowers and plants are planted) and hampers, MAISON XXII coupons and items subject to Environmental Levy on Plastic Bags. 

B.   ONLINE PURCHASES

No return or exchange will be accepted for the following items that are defined as “Excluded Items” for purchases online: goods that are not in Sellable Condition, perishable goods including food, beverages, flowers, plants (including the vases/pots/vessels in which the flowers and plants are planted) and hampers, items subject to Environmental Levy on Plastic Bags and any other item excluded from return or exchange for online purchases by prevailing laws from time to time.

The only exception permitted in the case of Excluded Items is in the case of faulty or damaged items (“Defective Merchandise”). In this case the Merchandise will be returned to the Supplier or for independent assessment by a third party to determine whether the Merchandise is defective. Merchandise damaged as a result of fair wear and tear will not be accepted as defective. If the Merchandise is determined to be Defective Merchandise, the customer will be entitled to repair or full refund as appropriate within the circumstances at the sole expense of the Supplier. MAISON XXII will use its best efforts to secure such repairs or refund on behalf of the customer but accepts no liability whatsoever howsoever arising for the defective items supplied by the Supplier.

 

18.  Refunds

In MAISON XXII’s sole discretion, the original purchase amount will be credited to the credit/debit card used by the customer for purchase of the Merchandise or any designated account in the same name of the customer for all refunds for in-store and online purchases (as the case may be).
For refunds for online purchases, initial shipping, taxes and duties will not be refunded unless the Merchandise is defective in which case a full refund will be made subject to inspection and compliance with the policy under “Return of Defective Merchandise” below.


If any voucher has been redeemed for any in-store or online purchase, only the transaction amount net the value of the voucher will be refunded.

 

Return of Defective Merchandise


For online purchases, customers should contact MAISON XXII in respect of any Defective Merchandise immediately by emailing the Customer Service team at info@maisonxxii.com. Shipping, tax and duties on the Defective Merchandise will not be charged. MAISON XXII reserves the right to request photographic support regarding Defective Merchandise before authorising a return. If requested, the customer shall sign a waiver to indicate their acceptance that MAISON XXII assumes no liability in respect of the Defective Merchandise but will present it for inspection to the Supplier or an independent third party for assessment.
 

19.  Repairs

Customers may present Merchandise that has been damaged after purchase for repair by the Supplier at the customer’s sole cost provided that the customer agrees to sign a waiver to indicate their acceptance that MAISON XXII assumes no liability in respect of the damaged Merchandise but will present it for inspection to the Supplier for assessment for repair and quotation for the customer’s approval and at the customer’s sole cost.

Exchanges

Unless as otherwise set out under the applicable laws and regulations, customers are permitted to exchange Merchandise other than Excluded Items (for in store purchase) for a different size in the same colour and style based on stock availability. If the customer selects Merchandise of lower value than the original Merchandise purchased then in MAISON XXII’s sole discretion, the price difference will be credited to the credit/debit card used by the customer for purchasing the Merchandise or any designated account in the same name of the customer (as the case may be).

For exchanges of online purchases, shipping, taxes and duties on size-exchange replacements will not be charged after the initial delivery.

 

20.  Liability

Views expressed in any media by the designers, companies or third parties, whose products are sold at our stores or on the Site or with whom we are associated, are their own. MAISON XXII takes no responsibility for any such views as they do not necessarily reflect ours.

MAISON XXII does not guarantee that the use of the Site and 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.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, MAISON XXII will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this T&C.

 

21.  Indemnity and Waiver

At our request, you agree to compensate us fully and hold us, MAISON XXII (including its 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 the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the T&C and we take no action against you, it is no waiver for us to exercise our rights and remedies in any other situation where you breach the T&C.

 

22.  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 Service team for any order related complaints or comments.

MAISON XXII respects 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.

 

23.  Disputes

 

With respect to any dispute, claim or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), as if the Terms and Conditions were a contract wholly entered into and wholly performed within Hong Kong. Any dispute relating in any way to your use of the Site shall be referred to and finally resolved by confidential arbitration in Hong Kong and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration shall be conducted in English language. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

 

24.  General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. 

 

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. 

 

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. 

 

If you have any questions regarding these Terms and Conditions, please email us at info@maisonxxii.com.

Copyright © MAISON XXII.  All worldwide rights reserved.