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TERMS OF SERVICE

Introduction

Terms of Service Introduction The Swank Shop Limited (“SWANK”, “we”, or “us”) Hong Kong SAR website (on swank.hk and swank.com.hk) (the “Site”) is made available to you in accordance with the following Terms of Use & Service (collectively, the “Services”). Please read carefully the Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms of Service” or “TOS”). By using our services, such as browsing or placing order(s) on our website, you will be deemed to have agreed to all of the Terms of Service.

We will collect, use store and disclose any personal data provided by you in accordance with the Privacy Policy.

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

We reserve the right to make changes to the Site or any part of the TOS at any time. Please visit this page from time to time to check for any updates or changes to any part of the TOS (including the said rules and policies and the Privacy Policy).

 

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 SWANK and are protected by intellectual property and copyright laws and international treaty provisions. 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 SWANK 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 SWANK. Any such unauthorized actions may result in civil consequences or criminal proceedings. SWANK 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.

 

Links to Third Parties

The site may include links to other websites or resources that are not operated or prepared by SWANK. 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. SWANK 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 in possession of a valid credit/debit card issued by a licensed bank acceptable to SWANK for payment; and
  • Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, address, billing information and other requested information as indicated on the site).

In placing an order with us, you authorise SWANK to process a charge or charges on your credit/debit card in the amount of the total purchase price of your order. 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. We reserve the right to accept any order.

All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved and may ne purchased by other customers.

The site is for your personal use only. You may not purchase products from the site for reselling purposes or commercial exploitation.

 

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.

Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically, politically 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 disrupting the operation of the site or the servers or networks used to make the site available; or violating 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 consider to 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 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.

SWANK reserves the right to terminate any account or to restrict your access to the site or any part of it at its sole discretion.

 

Product Description

SWANK 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 Return and Exchange policy if you feel a product offered by SWANK is not as described.

 

Pricing

All prices and offers remain valid as advertised from time to time. The 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 your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

Payment

We accept payments made by Stripe. You will be directed to Stripe site to make full payment. By placing an order, please 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 SWANK, 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 a secure online payment gateway that encrypts your card details in a secure host environment. Your details will be fully encrypted and only used to process card transactions which you have initiated. We aim to ensure that your shopping experience is enjoyable, safe, simple and secure.

 

Acceptance of your order

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

We will send you an email acknowledging the receipt of your order once you have entered your personal and payment details and placed 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 SWANK shall be deemed concluded when we send you an email to confirm that 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 contact concluded. All sales contracts are concluded in Hong Kong SAR and are written in English.

SWANK 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 for failure to meet quality standards or due to 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 authorisation for payment.
  • You do not meet the eligibility criteria to purchase as set out in these Terms of Service.
  • Our Customer Service team will contact you as soon as possible if we are unable to accept your order.

 

Shipping & Delivery

We endeavour to dispatch the products ordered within three (3) business days after the order of the products has been placed and accepted by us. The Purchaser will be notified by email of the estimated delivery time for reference only. We will use our best endeavours to deliver products within the scheduled time but cannot guarantee.

Alternatively, you may choose to collect the products ordered by you at the reception of our SWANK CENTRAL BUILDING store. You need to present the order confirmation number and your photo ID when the order is collected. If you cannot collect the products yourself, the photo ID of the person named as collector together with your written authorization should be presented 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 SWANK.

For single purchase upon HKD$1,000 or above, we offer free shipping. We ship to the single address within Hong Kong including most of the commercial and residential areas. (Not including P.O. Box address and some restricted areas, especially areas that need a special license).

The summary below shows the available destination options and charges (per order).

Expected delivery day is applicable to orders which are placed before 7pm on Monday to Friday. For orders which are placed in weekend and during Hong Kong public holidays will require an additional working day to the expected delivery day.

Available Destination

Delivery cost

(per order)

Expected Delivery Remarks
Hong Kong Island HK$50 2-3 working days

Expected delivery day is applicable to orders which are placed before 7pm on Monday to Friday. For orders which are placed in weekend and during Hong Kong public holidays will require an additional working day to the expected delivery day.

 

Special Arrangement

Adverse weather conditions (i.e. Typhoon 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.

Kowloon HK$50 2-3 working days;
New Territories HK$50 2-3 working days;
Store Pick-up Free 1-2 working days You will be notified via email when your package is ready for pick-up. You can pick up your package in store with the pick-up code you received from email.

 

SWANK CENTRAL BUILDING store Opening Hours:

10:30am. to 7:30pm.

 

Insurance

SWANK insures each order through transit up until it is delivered. Once the products have been received by you, they will be held at your own risk and we will not be liable for their loss or damage.

 

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, tax 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.

 

Return, Exchange and Refund

Merchandise may be exchanged (subject to stock availability) or returned within ten (10) days of purchase provided that:

  1. All tags, warranties, certificates, product labelling, authenticity cards, extra buttons, dust bags and boxes (in the case of shoes) are intact and returned together with Merchandise;
  2. The original order receipt is presented;
  3. The same credit card used for purchasing the Merchandise is presented;
  4. The Merchandise does not fall within the category of “Excluded Items” as defined below;
  5. Save for quality problems, each item can only be returned or exchanged at the SWANK CENTRAL BUILDING store once. Items that have been exchanged cannot be returned;
  6. Merchandise can only be returned or exchanged in the SWANK CENTRAL BUILDING store in Hong Kong while stock lasts. Please refer to “Return, Exchange and Refund Policy” for the detailed procedures.
    SWANK CENTRAL BUILDING STORE
    Store Address: Shop nos.102 – 106, 1/F, Central Building, 1-3 Pedder Street, Central, Hong Kong.
    Opening Hour: 10:30am to 7:30pm
  7. Cash refunds are not available for online purchases;
  8. In SWANK’s sole discretion, if a return has been approved, a refund of original purchase amount will be credited to the credit/debit card used by the customer account for online purchase of the Merchandise. Normally your account will be refunded within 30 working days, but it varies depending on your card issuer, bank or electronic payment agency;
  9. If there is any dispute, THE SWANK SHOP LIMITED reserves the right of final decision.

 

No return or exchange will be accepted for the following items that are defined as “Excluded Items” that includes:

  1. Any intimate items, including innerwear, socks, swimwear
  2. Altered items
  3. Used items
  4. Washed items
  5. Items with tags or packing missing or torn
  6. Discounted defective items
  7. Purchase date/ goods receipt date over ten (10) days
  8. Items without receipt
  9. Items that are damaged or stained by customer

※SWANK reserves the right to suspend or cancel the membership of customers who make frequent returns or exchanges.

The only exception permitted in the case of Excluded Items is in the case of faulty or damaged items (“Defective Merchandise”). 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 full refund as appropriate within the circumstances at the sole expense of SWANK. Cash refunds are not available for online purchases.

You can choose to exchange for any Merchandise available at the store. If you select to exchange a Merchandise of lower value than the original Merchandise purchased online then in SWANK’s sole discretion, the price difference will be credited to the credit account used by you for purchasing the original Merchandise (Online Credit) or SWANK Membership credit account (Store Credit) in the same name of the customer (as the case may be). The Online Credit shall be valid for only 180 days of purchase.

If you select to exchange a Merchandise of higher value than the original Merchandise purchased online, you are welcome to settle the price difference using any payment methods acceptable at store.

The acceptance of any return, exchange or refund is the sole discretion of SWANK.

If you are not satisfied about how we handle your return, exchange or refund, we want to hear about this, we aim to resolve matters amicably, you are welcome to contact customer service by sending an email to customerservice@SWANK.com.hk

※SWANK reserves the right to make changes to any part of this Return, Exchange and Refund Policy at any time.

 

Liabilities

You are responsible for all your activities on and in connection with using our services. SWANK shall have no liability:

  1. if the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, unless you notify us in writing of the problem within seven (7) days of the delivery of the products in question;
  2. if you do not receive the products ordered within seven (7) days from the date on which you ordered them, unless you notify us in writing of the problem within seven (7) days of the date on which you ordered the products. If you notify us a problem, our obligation will be, at your option to make good any shortage or non-delivery or to replace any products that are damaged or defective.

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. SWANK 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 SWANK shall create any warranty. SWANK 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, epidemic, strikes, lock-out, etc. Under such conditions, SWANK will always do its best to aim at maintaining its services but will not be responsible for failing to meet any obligations in this Terms of Service. SWANK 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.

At our request, you agree to compensate us fully and hold us, SWANK (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 Terms of Service 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 Terms of Service 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 our Terms of Service.

 

General Information

If any provision of these terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the terms and will not affect the validity and enforceability of the rest of the terms. Failure of us to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to us under these terms or at law. These terms represent the entire agreement between users and us and supersede and replace any other agreement between the parties including but not limited to any previous Terms as they may have applied between users and us. Paragraph headings are for convenience only and not for interpretation of these terms.

If you have any comment about the site or this Term of Service please contact us at customerservice@SWANK.com.hk

 

Governing Law and Jurisdiction

The Terms of Service, 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 Terms of Service.

 

Change of Terms of Service

We also reserve our right to change the Terms of Service from time to time. In the event that you do not agree to any change to the Terms of Service, you must refrain from using our website. You are advised to check the site from time to time for updates or changes to the said policies and agreements, the Terms of Service and the Privacy Policy.

 

Effective Date

These Terms are effective as of 30th April , 2021.

 

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