TERMS AND CONDITIONS

Thank you for visiting MOISELLE (Hong Kong) Limited’s (“MOISELLE,” “we,” “us”) website(s) (the “Site” or “Sites”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Use & Service and any other rules posted on the Site (collectively, the “Terms Of Service” or “TOS”). By using the Services, such as placing orders on the Site, you will be deemed to have accepted and agreed to be bound by the Terms Of Service and the terms of our Privacy Policy.

This agreement does not acknowledge any relationship between you and MOISELLE (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of MOISELLE.

MOISELLE (Hong Kong) Limited is a limited company registered in Hong Kong SAR. Our registered office is situate at Unit 1101-1105, 11/F, Kodak House II, 39 Healthy Street East, North Point, Hong Kong. Unless otherwise expressly stated in these TOS, all notices from you to us must be in writing and sent to our registered office and all notices from us to you will be displayed on our Site from time to time.

MOISELLE reserves the right to make changes to the Site, related policies and agreements, the Privacy Policy and this TOS at any time. You are advised to check the Site from time to time to check the update or changes to the said policies and agreements, the Privacy Policy and the TOS.

MOISELLE will use reasonable efforts to ensure that the Site is available at all times. However, MOISELLE cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

In the event of discrepancies between the Chinese and English versions, the English version shall prevail. If you have any comment about the Site or this TOS please Contact Us.

 

PROHIBITIONS AND FAILURE TO COMPLY

We may take actions against your account for activities including, but not limited to: Submitting material (including, but not limited to text, images, music or video) of which you do not have the full right to grant the license specified in the “Submitted Content” above. Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.

 Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.

 Using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity. Advertising or sending unsolicited messages of any kind. Starting or forwarding chain letters of any kind. Using the Site for any fraudulent or unlawful purpose. Impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

 Interfering with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

 Transmitting or otherwise making available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment. Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting for any commercial purposes, any portion of, use of, or access to the Site.

 Modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information. Removing any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.

 Framing or mirroring any part of the Site without our express prior written consent. Creating a database by systematically downloading and storing Site content. Using any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.

 We reserve the right to revoke these exceptions either generally or in specific instances.

 MOISELLE reserves the right to terminate any account or to restrict your access to the Site or any part of it at its sole discretion. We may send you an email to inform you of the termination of your account in such event.

 

INTELLECTUAL PROPERTY

All software and “Content” (which is defined as, or includes, any trademarks, service marks, trade dress, text, audio or music, video, graphics, photographs and image) are the intellectual property of MOISELLE and are protected by intellectual property and copyright laws and international treaty provisions. You may not print or otherwise make copies of any such content without our express prior permission. The Site is for your personal and non-commercial use only. Any non-personal, resale, redistribution and/or commercial use of the Content is only permitted when expressly authorised by MOISELLE and/or its third party licensors in writing. You may not distribute, reproduce, exploit, publish, sell or license any Content contained within the Site or any part thereof without prior written consent or authorization of MOISELLE. Any such unauthorized actions may result in civil consequences or criminal penalties. MOISELLE reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

 

THIRD PARTY LINKS

The Site may include links to other websites or resources that are not operated or prepared by MOISELLE. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them. MOISELLE is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

 

ELIGIBILITY TO PURCHASE

 In order to place orders with us, you must meet our conditions of eligibility: Be aged 18 years of age or over Be in possession of a valid credit/debit card issued by a licensed bank acceptable to MOISELLE for payment 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 MOISELLE to process a charge or charges on your credit/debit card 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.

 

PRODUCT DESCRIPTIONS

 MOISELLE will endeavour to ensure that the Content and the product descriptions on the Site to be 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 and Exchanges policy if you feel a product offered by MOISELLE is not as described.

 

PRICING

Prices shown on the Site are in HKD or USD and all are exclusive of taxes, import duties or VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. The HKD or USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of obvious error. If you are a customer whose credit card is not denominated in HKD or USD, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

 

ACCEPTANCE OF YOUR ORDER

Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and MOISELLE will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English.

MOISELLE reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following: The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items. We identify a pricing or product description error. We are unable to obtain authorisation for payment. We do not deliver to your area. You do not meet the eligibility criteria to purchase as set out in this TOS.

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

 

PAYMENT

 We accept payments made by Visa, MasterCard and AliPay. 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 MOISELLE, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using PayDollar, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure

 

MOISELLE uses Secure Socket Layer (SSL) technology. 

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

 

IMPORT DUTIES AND TAXES

Our merchandise prices are exclusive of all taxes, duties and VAT at destinations. Customers are liable to pay for all import duties, customs fees, taxes and VAT which may be levied by the destination countries. Customers, if required by the destination countries, are responsible to complete import customs formalities to release deliveries.

 

YOUR RIGHTS

 Nothing in the TOS is intended to affect your rights under the Laws in Hong Kong SAR.

 

LIABILTY

 You are responsible for all your activities on and in connection with using our Services. 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. MOISELLE takes no responsibility for any such views as they do not necessarily reflect ours. We provide the Site on an 'as is' basis, without any warranties of any kind, either express or implied, statutory or otherwise. No written information given by MOISELLE shall create any warranty.

MOISELLE 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, breakdown of systems or network access, flood, fire, strikes, lock-out. Under such conditions,

MOISELLE will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS. MOISELLE shall owe no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by such event or circumstances.

 

INDEMNITY AND WAIVER

At our request, you agree to compensate us fully and hold us, MOISELLE (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 person(s) using your account caused by your action or inaction. If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.

 

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. MOISELLE 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.

 

GOVERNING LAW AND JURISDICTION 

The TOS, together with all our policies and procedures, are governed by and construed in accordance with laws of Hong Kong SAR. The relevant courts of Hong Kong SAR shall have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.

 

PRIVACY POLICY

Each time you use this website, you will be bound by current Privacy Policy applicable at that particular moment and you must review the privacy policy in order to confirm that you are in agreement with it.

We will obtain personal data about you whenever you complete an online form. By submitting your personal data, you consent to the use of that information as set out in this privacy policy. The personal data that you provide us shall be subject to data handling by MOISELLE (Hong Kong) Limited and other companies within our group (the “MOISELLE Group”) with the following objectives:

i. to help us identify you and any accounts you hold with us;

ii. to develop, fulfill and execute the sales contract for the products that you have acquired or any other contracts between us; 

iii. to attend to your requests; 

iv. to improve our services including providing better security vetting, customer profiling and analysing your purchasing preference, statistical analysis, customising this website and its contents to your particular preferences etc.; and

v. to provide you with information regarding MOISELLE Group products or those of any companies belonging to the MOISELLE Group (whose activities are related to the decoration, textile, ready-to-wear and home décor sectors as well as any other accessories related to the same, including leather goods), including the sending of marketing mail-outs in relation to said products by post, email or any other equivalent means of electronic communication (such as sms text message). You can change your preferences in relation to the sending of such marketing mail-outs in the YOUR ACCOUNT section.

MOISELLE as data holder, is committed to ensuring the confidentiality of your personal information and guaranteeing that your access, rectification, cancellation and objection rights are met. Should you wish to access your data, to correct any inaccuracies in your data or to ask us to stop processing your personal data for direct marketing purposes, please send us a letter to the aforementioned address marking it for the attention of "Customer Service Team” or an e-mail to enquiry@moiselle.com.hk.

Whilst MOISELLE uses its reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason MOISELLE cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.

In order to comply with the objectives in this policy, we may disclose your personal data that you have provided us to MOISELLE, our agents and service providers, credit reference agents and other law enforcement agencies and authorities in connection with any investigation to help prevent unlawful activities. By registering and providing us with information on this website, your consent to us in performing the said conveyance will be deemed given.

We may want to provide you with marketing information from our business partners which we think may be of interest to you. If you would rather not receive this information, please send us an e-mail to our Customer Service team. If you agree to us providing you with third party marketing information, you can always opt out at a later date. We may also provide your personal data to carefully selected third parties whose products or services we believe may be of interest to you. If you do not wish us to disclose your personal data in this way, please e-mail our Customer Service team.

 

COOKIES: 

a. We may obtain information about your computer, including, where applicable, your IP address, operating system and browser type, for administration of the system and statistical analysis. This is used to obtain statistical data on how you browse our website.

b. We may obtain information about your online movements and use of general Internet use by means of a cookies file that is stored in your computer's hard drive for the same reason. The cookies contain information that is transferred to your computer's hard drive.

c. The cookies help us improve our website and provide a better and more personalised service. What this specifically allows us to do is:

- Make estimation on numbers and patterns of use; 

- Store information about your preferences and personalise our website in accordance with your individual interests; 

- Speed up your searches; 

- Recognise you when you return to our website. 

You may decline cookies by changing your browser's settings. However, if you do this, you may not be able to access certain parts of the website or avail of some of our services. Our system will produce cookies when you connect to our website unless you have adjusted your browser's settings to decline them.