TERMS AND CONDITIONS FOR ONLINE SALE OF PRODUCTS
1 These terms
1.1 These are the terms and conditions on which we supply Online Memberships, Online Education, Access to Digital and Physical Events (“Products”) to you through our website (our “Platform”).
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
2 Information about us and how to contact us
2.1 We are TheArtGorgeous, a company registered in Hong Kong, trading as TheArtGorgeous Ltd.. Our company registration number is 2714336 and our registered office is at Suite 2006, 20th floor, 340 Queens Road Central, Hong Kong.
2.2 For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at +852 3489 0529 or email us at [email protected]
or write to us at Suite 2006, 20th floor, 340 Queens Road Central, Hong Kong.
2.3 We are the data controller in relation to our Platform and are responsible for your personal
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered. This might be because:
(a) the Product ordered is out of stock;
(b) there are unexpected limits on our resources which we could not reasonably plan for;
(c) we have identified an error in the price or description of the Product; or
(d) we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
3.4 Our Platform is solely for the promotion of our Products in Hong Kong.
4 Your rights to make changes
4.1 If you wish to make a change to the Product you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 - Your rights to end the contract).
5 Changes to our product or these terms
5.1 We may make minor changes to the Product from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
5.3 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6 Providing the products
6.1 We will supply the Products to you until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 8.
6.2 If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.3 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Product as requested by you or notified by us to you (see Clause 5).
6.4 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one (1) month and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
6.5 If you do not pay us for the Products when you are supposed to (see Clause 10.4) and you still do not make payment within one (1) month of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 10.5). We will not charge you for the Products during the period for which they are suspended.
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a right to end the contract or to get the Product repaired or replaced or to get some or all of your money back, see Clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
(c) In all other cases, see Clause 7.4.
7.2 If you are ending a contract for a reason set out below the contract will end immediately, we will refund you in full for any Products which have not been provided and you may also be entitled to compensation:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 5.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one (1) month.
7.3 Even if we are not at fault, you can still end the contract before it is completed (i.e. when the Product is downloaded or streamed and paid for) by giving us notice in writing, provided that you will pay us reasonable compensation for the net costs we will incur as a result of your ending the contract. In such case, the contract will end immediately. We will refund any advance payment you have made for Products which will not be provided to you.
7.4 To end the contract with us, please fill in our online return form or post a printed return form to us, or email our customer services at [email protected]
7.5 We will make any refunds due to you as soon as possible.
8 Our rights to end the contract
8.1 We may end the contract for a Product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within one (1) month of us reminding you that payment is due.
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, Personal details, contact information, payment details;
9 Product defects
9.1 We warrant that on delivery, the Products will:
(a) be of merchantable or satisfactory quality;
(b) be fit for purpose held out by us;
(c) be free from material defects in design, material and workmanship; and
(d) conform with their description given on our Platform in all material aspects.
warranty given by us under this clause does not apply to any defect in the Products (a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
(c) your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
(d) any alteration or repair by you or by a third party; or
(e) us following any of your specification or requests.
9.3 If you become aware of any defect in all or part of the Products performed, you must give notice in writing to us as soon as practicable.
9.4 Where the Products reported under Clause 9.3 are found to be defective we will, at our option, replace the defective Products or refund the price of such defective Products in full. We have no further liability to you for defective Products upon replacement or refund of the defective Products.
9.5 If you have any questions or complaints about any Product, please call customer services on +852 3489 0529 or email us at [email protected]
10 Price and payment
10.1 The price of the Product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
10.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount; but if it's higher than the price stated to you, we will contact you for your instructions before we accept your order.
11 Our responsibility for loss or damage suffered by you 11.1 SubjecttoClause11.2:
(a) all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
(b) we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
(c) our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12 Use of your personal information
13 Entire agreement
13.1 These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
13.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
14 Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
15 Governing law and jurisdiction
15.1 These terms are governed by and shall be construed in accordance with the laws of the
Hong Kong Special Administrative Region.
15.2 ThecourtsofHongKongSpecialAdministrativeRegionshallhaveexclusivejurisdictionto settle any dispute or claim arising out of or in connection with these terms.