These terms and conditions apply to all users of the RIGARDS website (RIGARDS.com) (henceforth: the “Website”) which is operated by Odd Skin Out Limited (henceforth: “RIGARDS”, “we”, “us”, “our”). Access to and use of this Website and the products and services available through this Website (henceforth collectively: the “Services”) are subject to the following terms, conditions and notices (henceforth: the “Terms of Service”). Please read these Terms of Service carefully before using this Website. By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including, without limitation, trademarks, trade names, designs, logos, icons, text, images, data, audio and video materials, eyewear designs, and accessories and other product designs) made available to you on or through this website remain the property of RIGARDS and Odd Skin Out Limited and are protected by copyright laws and treaties around the world. Please note that your use of this Website does not grant you any rights to use our trademarks. All such rights are reserved by RIGARDS. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, modify, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange sections for further information. In order to contract with RIGARDS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. RIGARDS retains the right to refuse any request made by you.
After you place an order, you will receive an acknowledgement email. Please note that the confirmation email is an acknowledgement that we have received your order and is not an acceptance of the order.
- Sales Contract
The sales contract concluded for the online purchase will be subject to the standard terms and conditions of sales of RIGARDS.
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you.
Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, changes to color or size, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement.
If your order can be accepted by us, the contract between you and RIGARDS 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 Special Administrative Region (henceforth: “HKSAR”) and are written in English.
RIGARDS reserves its right not to accept an order for any reason in its sole discretion (including but not limited to any of the following reasons): the product you ordered is out of stock, or is withdrawn, or due to the shipping restrictions applicable to any or all of the ordered items; we are unable to accept your order due to a system error; we are unable to obtain authorization for payment; you do not meet the eligibility criteria to purchase as set out in these Terms of Service. We will contact you as soon as possible if we are unable to accept your order.
We take great care to pack our products in a way which prevents any damage in transit. Upon delivery of your items, it is your responsibility to inspect each item. Should your product not arrive in good condition, please contact us within 24 hours with a photograph of the item and we will advise on the best solution including return or repair options. After this time we cannot be held responsible for goods that are no longer in our care.
- Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as canceled. If the order is canceled and you have already paid for the goods, you will receive a full refund.
Please note that RIGARDS does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly by email. If we already have received payment for such product we will refund you the amount of the purchase.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost.
You will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival. Our courier will contact you about the details of any import duty to pay. We advise you to contact your local customs authority to determine the cost of import tax and duties of your order prior to your placing orders with us.
The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Payment can be made by Visa or MasterCard credit or debit cards and any other methods which may from time to time be clearly advertised on the Website. Payment will be debited and cleared from your account upon dispatch of your order by us.
By placing an order using one of the above credit or debit card payment methods, you confirm that the credit or debit card account used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to RIGARDS, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe, simple and secure, the Site uses Secure Socket Layer (SSL) technology. 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 unauthorized access to any data you provide when using our Services.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law RIGARDS and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect RIGARDS’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
LINKS FROM THIS WEBSITE
If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we make link to from this Website.
You agree to indemnify, defend and hold harmless RIGARDS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
RIGARDS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by RIGARDS.
GOVERNING LAW AND JURISDICTION
These Terms of Service are to be construed in accordance with the laws of HKSAR, and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of HKSAR.
Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and RIGARDS.