Terms and Conditions

TERMS AND CONDITIONS

1. Introduction

1.1 These Terms and Conditions apply to the use of our Website (www.zarandi-amsterdam.nl) or the purchase of Products offered through our Website.

1.2 Defined terms and interpretation for these Terms and Conditions are set out in section 26.

2. Acceptance

2.1 You represent and warrant that:

(a) you are an individual and you are 18 years of age or older;

(b) you have the authority to enter into a legally binding contract with us; and

(c) you are not excluded under any applicable law or contract from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation regarding your authority to agree to these Terms and Conditions.

2.3 You represent and warrant that you have not been:

(a) have been convicted of a computer or internet-related crime; and

(b) have been refused Products or access to the Website in the past.

2.4 We reserve the right to refuse you access to our Website if we consider such refusal necessary or appropriate.

2.5 Place an order:

(a) your statement and warranty that you have carefully read these Terms and Conditions in full;

(b) your offer to make your purchase of the Order solely in accordance with these Terms;

(c) your acceptance that an Order Confirmation will be made solely based on these Terms and Conditions; and

(d) your commitment to us to comply with these Terms and Conditions.

2.6 If you do not agree to these Terms, you must not use the Website or purchase Products.

2.7 You must expressly agree to these Terms and Conditions in order to:

(a) to submit information to or through our Website; or

(b) to purchase a product.

2.8 By visiting our Website, purchasing Products, or agreeing to these Terms:

(a) you also agree to and accept our Privacy Policy and

(b) you agree to and undertake to comply with our acceptable use policy (see section 12 below for more details).

2.9 We recommend that you print a copy of these Terms and Conditions for future reference.

2.10 If you do not agree to these Terms and Conditions, you will not be able to place an Order or communicate with us.

3. Personal use

You acknowledge that you will use the Website to purchase Products solely for your own personal and non-commercial use, as a client and not as an agent or on behalf of another person.

4. Price

4.1 The prices listed on our Website for Products include delivery costs but exclude all other charges such as taxes, customs, duties, or similar government-imposed fees.

4.3 We make every effort to ensure that all details, descriptions, and prices of Products listed on our Website are correct. However, errors may occur. If we discover a pricing error, we will inform you as soon as possible and offer you the option to reconfirm your Order at the correct price or cancel your Order. If we are unable to contact you or do not receive a response, the Order will be considered canceled and you will receive a full refund. If you choose to reconfirm your Order, we will arrange delivery of your Order and charge or refund amounts as stated in our notice to you shortly after receiving your reconfirmation of your Order using the payment method used to place the Order.

4.4 We are not obliged to fulfill an Order if the price listed on the Website is incorrect (even after you have received an Order Confirmation).

4.5 Prices may change from time to time. However, such changes will not affect Orders for which an Order Confirmation has been sent.

4.6 Special additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.

5. Placing an order

5.1 After you have placed an Order, all Orders are subject to available stock. If we have sufficient stock to fulfill your Order, you will receive an Order Confirmation which will serve as our acknowledgment of receipt of your Order. In case of delivery issues or unavailability of stock to fulfill your Order, we will notify you by email and will refund any payments made for the Order.

5.2 A Contract is only formed when we have provided you with an Order Confirmation and only with respect to the Product(s) mentioned in the Order Confirmation. These General Terms and Conditions are part of the Contract and apply to the exclusion of all other terms.

5.3 If your Order consists of more than one Product, the Products may be delivered to you in separate shipments at different times.

5.4 We reserve the right to remove Products from the Website at any time. We also reserve the right to edit or remove material or content from the Website. We are not liable to you or any third party for removing a Product from our Website or for editing or removing material or content from our Website.

5.5 We reserve the right to refuse or reject any Order you place at any time (even after we have sent you an Order Confirmation). We cannot be held liable to you or any third party for canceling or refusing an Order.

5.6 If we cancel your Order after we have received payment (and even after we have sent an Order Confirmation), the payment for the Order will be fully refunded to you.

6. Payment

6.1 You can pay for Products by using a Payment Intermediary listed on our Website.

6.2 You can also pay for your Order in whole or in part with a discount voucher provided by us. Promotional vouchers can only be entered online at checkout.

6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide documents and information about you to the Payment Intermediaries, including documents and information containing your personal data.

6.4 We are not a regulated payment processor or money transfer office and are not responsible for payment issues or disruptions caused by payment intermediaries.

6.5 You are responsible for providing complete and accurate information during the payment process, and any payments must be made with your own funds. By placing an order, you confirm that:

(a) the payment method used to make the payment belongs to you;

(b) if applicable, you are the rightful holder of the promotional voucher; and

(c) you have sufficient funds or credit facilities to pay for the relevant Order.

6.6 We are not liable or responsible for unauthorized use by third parties of your credit, debit, or prepaid cards, even if these cards have been reported as stolen. We may notify all competent authorities (including credit bureaus) of fraudulent payments or other illegal activities.

6.7 You will not:

(a) make or attempt to make chargebacks related to a payment you have made for Products; or

(b) to reverse any payment you have made related to Products.

6.8 You will fully indemnify and hold us harmless regarding any chargeback or reversal of payments made by you, and any loss, costs, liability, or expenses incurred by us as a result of or in connection with such chargeback or reversal.

7. Delivery

7.1 We aim to deliver your order to the delivery address you provided when placing your order.

7.2 At checkout, we provide an estimated delivery date for your order.

7.3 We may notify you if we expect not to meet the estimated delivery date, but we will not be liable to you for any loss, liability, costs, damages, charges, or expenses arising from late delivery, to the extent permitted by law.

7.4 It is possible that we cannot deliver products to certain locations. In that case, we will inform you and arrange for cancellation and refund of the order or delivery of the order to another delivery address confirmed by you.

7.5 The risk of the product passes to you upon delivery at the delivery address, except if delivery is delayed because you fail to fulfill your obligations under these General Terms and Conditions. The risk passes on the date the delivery would have taken place if you had not been in default.

7.6 If you are not available to receive your order, the carrier may leave a card with instructions for redelivery or pickup of your order by the carrier.

7.7 If delivery or pickup is delayed due to your unreasonable refusal to accept delivery or if you do not accept or pick up the order from the carrier, we may charge you the costs and other expenses we reasonably incur to return the order to the sender, without prejudice to other rights or remedies available to us.

7.8 The standard delivery time is 7-20 business days*, in exceptional cases up to 16 weeks, unless otherwise stated in the product description. The owner does not ship directly. The order is shipped by the manufacturer once the entire order is in stock there.

* *Note! Due to extremely high demand during year-end periods, limited staffing during holiday periods, or pandemic outbreaks, your package may possibly be delayed. 

 

 

8. Order Cancellation or Changes

8.2 Since we operate with a fully automated system, orders are processed immediately after placement. Therefore, we unfortunately cannot interrupt the shipping process until delivery, so refunds before receipt of the goods are not possible or only exceptionally possible.

8.2 Once an Order is packed, it can no longer be canceled or changed and must instead be returned to us in accordance with paragraph 10 below. Since our goods are shipped from Asia, there may be longer transit times over which we have no control. If the products are already on their way to you, cancellation is not possible. Please wait until you have received the goods and send them back to us. Of course, you can notify us of your cancellation in advance. To ensure the fastest possible return, we ask you to send us a shipping confirmation. An early refund is possible no earlier than 16 weeks after receipt of the order if the goods are not received

9. Defective products

9.1 You acknowledge that the Products are standard and are not customized to meet any specific requirements you may have.

9.2 All product descriptions, information, and materials listed on the Website are provided "as is" and without express or implied warranties or otherwise.

9.3 Product images may differ slightly from the actual product you receive.

9.4 If the Product you receive is defective, you may send an email informing us about the Product to be returned and a photo of the defective Product.

9.5 You may return the Product to us in accordance with paragraph 10.

9.6 We will inspect the Product upon receipt. Our processing time varies depending on your order.

9.7 We will send you an email if we are convinced that the Product is defective.

9.8 Our sole liability to you in relation to defective Products is (at our own discretion):

(a) replace the Product and pay the delivery costs for delivering the Products to the Delivery Address, for which you must return the defective Product to us and we will then deliver a replacement Product to the Delivery Address; or

(b) pay you an amount equal to the price of the Product and have you return the defective Product to us. We will pay this amount to you by depositing it into the account from which we received the payment, using the same payment method.

9.9 If we determine that the Product is not defective, we may at our sole discretion decide not to refund you for the Product and may require you to pay all reasonable maintenance costs and charge this to the payment method used to place the Order. We are not liable to you for any loss, liability, costs, damages, charges, or expenses arising from this clause, to the extent permitted by law.

10. Returns and refunds

10.1 Our return policy is part of these Terms and Conditions under which you may visit and use our Website.

10.2 If you are not completely satisfied with your Order, you can notify us by email which Product you want to return and return the Product to us. The cancellation period is 14 days from the day you or a third party designated by you, who is not the carrier, received the last goods.

10.3 Return shipping and costs are the responsibility of the Customer.

10.4 The Product must be received by us for a Customer to be eligible for a refund. We will inspect the returned Product upon arrival.

10.5 You must ensure that the Product is sent back to us in the same condition as you received it and that it is properly packaged. The Product must be unused, the tags/labels must not be tampered with, and the Product must be in the original packaging. If a Product is returned to us in unsuitable condition, we reserve the right to refuse the return of the Product.

10.6 The processing time of your return depends on your order.

10.7 If we are satisfied with the condition of the returned Product, we will send you an email approving your return. After we have sent you a message that your return has been approved, the amount will be refunded shortly to the account used to place the Order.

10.8 The cancellation is complete when the physical goods have been received by us.

 

 

11. Vouchers

11.1 You can use our promotional vouchers or discounts when paying for Products on the Website.

11.2 To redeem a voucher or apply a discount, the voucher or discount code must be entered on the checkout page of our Order.

11.3 When entering and applying the voucher code or discount code, the voucher or discount will be deducted from the total amount of your Order at checkout.

12.4 You may only redeem or use one promotional voucher or discount per Order.

11.5 The credit of a promotional voucher does not bear interest and has no cash value.

11.6 If the credit of a promotional voucher is insufficient for your Order, you can pay the difference using a separate payment method available on the Website.

11.7 If you use a discount voucher for an Order that is returned, you will not be refunded the value of the discount voucher. However, if you paid part of the order by another payment method, that part may be refunded.

12. Acceptable use

12.1 You may not ("Prohibited Actions"):

(a) to use our Website in any way or to take any action that damages or may damage the Website or impairs the performance, availability, or accessibility of the Website;

(b) using our Website in a manner that is unlawful, illegal, fraudulent, or harmful, or in connection with an unlawful, illegal, fraudulent, or harmful purpose or activity;

(c) using our Website to copy, store, host, transmit, use, publish, or distribute material consisting of (or linked to) spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

(d) performing no systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in connection with our Website without our express written permission;

(e) accessing or otherwise interacting with our Website using a robot, spider, or other automated means;

(f) violating the guidelines in the robots.txt file for our Website;

(g) using data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing, or direct mailing);

(h) using data collected via our Website to contact individuals, companies, or other persons or entities;

(i) use or direct the Website to interact with any devices unless you are expressly authorized to do so;

(j) using a Website Infrastructure, directly or indirectly, to initiate, propagate, participate in, lead or attempt an attack, hack, or send bandwidth-saturating, malicious, or potentially harmful network messages to a device, whether ours or not;

(k) directly or indirectly copying, publishing, modifying, translating, decompiling, disassembling, reverse engineering, or otherwise attempting to derive or access the structure or source code of the Website (whether to create derivative works of the source code or otherwise);

(l) using or accessing the Website to compile a similar or competing product or service or to disclose any benchmarking or comparative study related to Products to a third party;

(m) selling, assigning, sublicensing, transferring, distributing, or renting your access to the Website

(o) making the Website available to third parties via a private computer network

(p) editing or otherwise modifying the content or paper or digital copies of material printed or copied from our Website in any way

(q) using the Website in a manner prohibited by any law or regulation applicable to the use of the Website

(r) making unlawful inquiries or placing unlawful Orders; or

(s) placing speculative, false, or fraudulent Orders.

12.2 You acknowledge that you are liable to us for any damage, loss, liability, costs, or expenses we suffer or incur arising from or related to any Prohibited act performed or permitted by you.

12.3 You undertake to notify us as soon as reasonably possible after becoming aware of any person performing a Prohibited act. You will provide us with reasonable assistance regarding any investigations we may conduct based on the information you provide in this regard.

12.4 You must ensure that all information you provide to us via our Website, or in relation to our Website or the Products:

(a) is true, accurate, current, and complete, and is not misleading;

(b) complies with all applicable laws and regulations

(c) does not infringe on the privacy, data protection, confidentiality, intellectual property rights, or other rights of any person; and

(d) is not offensive, vulgar, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.

12.5 You will immediately provide any documents or other information we request from you to verify your identity. You will promptly update all information you provide to us so that all your data with us is complete and accurate at all times.

12.6 You must comply with, and it is your sole responsibility to ensure that you comply with, all applicable laws regarding your use of the Website, whether based on your country of residence, the location from which you access the Website, or otherwise.

12.7 Please send us an email if you become aware of material or activities on our Website that infringe these Terms.

13. Website linking

13.1 Links from our Website to other websites and information resources offered by third parties are provided for information only. Links to other websites and resources from our Website should not be interpreted as, and are not, recommendations or endorsements by us of these linked websites or resources, or any information you obtain from them.

13.2 You acknowledge and accept that we have no rights or control over the content of other websites and resources linked to or referenced on our Website.

13.3 You may place a link to our homepage, provided that you do so in a fair and legal manner and do not damage or exploit our reputation.

13.4 You may not place a link in a way that suggests any form of association, approval, or endorsement by us where none exists.

13.5 You may not place a link to our Website on a website that you do not own.

13.6 Our Website may not be framed on another website, nor may you link to any part of our Website other than the homepage.

13.7 We reserve the right to withdraw permission for linking without prior notice.

13.8 The website you link to must comply in all respects with the content standards set out in our acceptable use policy (see paragraph 12 above).

13.9 Contact us to request prior permission for any link to our website that does not comply with this paragraph 13.

14. Intellectual Property Rights

14.1 The code, structure, and organization of the Website are protected by intellectual property rights.

14.2 We are the owner or licensee of all Intellectual Property Rights on our Website, and on its content and the material published on it. These works are protected by applicable laws and treaties worldwide. All these rights are reserved.

14.3 You may use the Website and all content of the Website only for your personal and non-commercial use and in accordance with these Terms and Conditions. The content of the Website includes content related to the Products.

14.4 You agree to notify us of any suspected infringement of Intellectual Property Rights belonging to us.

14.5 You are not allowed to use our trademarks without our prior written consent, unless they are part of material you use (and reproduce exactly) as permitted under paragraph 13 above.

15. Privacy

15.1 Our Privacy Policy is part of these Terms under which you may visit and use our Website.

15.2 We use cookies on our Website. We also use cookies to track how our Customers prefer to view our Website. By accepting these Terms and Conditions, you also consent to our use of cookies for this purpose. More information about cookies can be found in our Privacy Policy.

15.3 If you provide us with your personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data against unauthorized and unlawful processing and against accidental loss, destruction, or damage.

15.4 Unless specific precautions are appropriate or otherwise agreed in writing, information and documents arising as part of the sale of the Products may be shared with us and, in particular, such information and documents may be accessible in electronic form to all our employees, officers, consultants, or agents.

16. Viruses

16.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

16.2 You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software.

16.3 You may not misuse our Website by deliberately introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

16.4 You may not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.

16.5 You may not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

16.6 If we believe you have breached the provisions of this paragraph 16, your right to use our Website will be terminated immediately. We may report any infringement to the relevant law enforcement authorities, and will do so if required by applicable law.

17. Liability

17.1 Except as provided in paragraph 17.13, we disclaim all liability to the fullest extent permitted by law, and accept no responsibility for losses to you or any other person arising from:

(a) third-party content or user content;

(b) our content, and in particular the accuracy, completeness, or current status of our content

(c) the Products, and in particular their quality, images, description or specifications, conformity with the description, and reasonable suitability for the purpose of the Products;

(d) reliance on information included or functionality provided on or through these Terms or our Website

(e) the inability to access the Website or any part of it, or access being interrupted or partial, or features having errors, at any time; and

(f) any failure on our part to fulfill obligations, or delay in fulfilling obligations, whether or not we notify you in advance, if and to the extent the failure or delay is caused by a circumstance beyond our reasonable control, including telecommunications outages, power failures, terrorism, fuel strikes, severe weather, computer failures, suppliers not meeting delivery requirements, labor disputes, and staff absence due to illness or injury, and the time for fulfilling an obligation affected in this way will be extended accordingly.

17.2 We are not liable to you (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) arising out of or in connection with these Terms and Conditions for any loss of profit, loss of business opportunity, loss of goodwill, loss of expected savings or benefits, or for any form of indirect, special, or consequential damages, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of such loss or damage.

17.3 Our liability arising directly or indirectly from these Terms and Conditions (including your purchase of Products from us under these Terms and Conditions), or not otherwise expressly excluded under these Terms and Conditions, is limited to and capped at the greater of US$1000 or five times the price you paid for the Products that gave rise to the liability. The amount of this liability limitation will be reduced by any unpaid amounts owed to us.

17.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty, or otherwise arising out of or in connection with these Terms and Conditions must be brought within one year of the act or omission that caused the loss or cost.

17.5 Except to the extent claims cannot be excluded or limited by law, no claims arising out of or in connection with these Terms and Conditions may be made by you personally against any of our employees, officers, consultants, or other representatives involved in the performance of the relevant obligations.

17.6 All statements or warranties, contractual or non-contractual, and all guarantees, conditions, provisions, promises, and obligations implied by statute, common law, custom, trade usage, trade practice, or otherwise (including implied promises of satisfactory quality, conformity with description, and reasonable fitness for purpose) are excluded to the fullest extent permitted by law.

17.7 Only one claim can be made against us (including our employees, officers, or consultants) arising from a single act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters, or similar acts or omissions in a series of related matters, and includes all claims arising from one matter.

17.8 The limitations in this paragraph 17 apply to our total liability to you (including all other third parties to whom we may be liable, with or without our consent) in relation to a claim, and you and all those other persons may only bring one claim against us together in respect of the same loss.

17.9 Where a limitation of liability applies, regardless of the amount, the limitation applies to the full performance of services or delivery of Products by us, and no separate aggregated liability limitations shall apply to you, any group company to which you belong, and all persons designated by a business user.

17.10 If we are jointly and severally liable with another party, we are only liable to pay you the portion reasonably attributable to our fault. We are not liable to pay you the portion attributable to the fault of another party for which that other party would otherwise be liable.

17.11 Any liability of ours to you shall be reduced by the portion for which another party would have been found liable if

(a) you had also initiated proceedings or made a claim against that other party; or

(b) we had initiated proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance or a similar law under another relevant jurisdiction.

17.12 When assessing whether other parties may be liable to you, no account shall be taken of your inability to bring legal action against another party due to the expiration of limitation periods against that party, or the party’s lack of resources, or the party’s reliance on exclusions or limitations of liability, or the fact that the other party has ceased to exist.

17.13 The exclusions and limitations of liability in these Terms and Conditions do not affect our liability

(a) for death or personal injury resulting from our negligence;

(b) for fraud or reckless disregard of professional duties;

(c) for any other liability that cannot be excluded or limited in the jurisdiction to which a relevant claim is subject, including limitations on our right to limit our liability; and

(d) in any other case, to limit our liability to less than the minimum amount that may be required under any other law or regulation relevant to the claim, in which case that minimum amount shall be deemed to replace the amount that would otherwise apply.

17.14 These provisions are exhaustive of the remedies for monetary damages for any party or any third party against either party arising out of or in connection with these Terms and Conditions.

18. Indemnification

18.1 You will, upon request, fully indemnify and hold harmless the Indemnified Parties from and against all claims, costs, and losses of any kind that the Indemnified Parties may suffer or incur as a result of or in connection with:

(a) any material breach of the provisions of these Terms and Conditions by you;

(b) any fraud, negligence, misconduct, or reckless carelessness in or relating to your obligations under these Terms; and

(c) your use of our Website.

18.2 We have the right to recover from you all out-of-pocket costs reasonably incurred by us in connection with an indemnified claim, and all such costs will be payable upon request.

19. Event of Force Majeure

19.1 If a case of Force Majeure lasts longer than one week, we may immediately terminate the Terms and Conditions by means of written notice and without any liability other than a refund of the Product already paid for by you and not yet delivered.

19.2 We reserve absolute discretion regarding the solution we choose to fully fulfill our obligations under these Terms and Conditions if a case of Force Majeure occurs.

20. Variations

20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of significant changes that we believe may adversely affect you. We will inform you of all changes to these Terms and Conditions. The Terms and Conditions in effect from time to time apply to your use of our Website and all Products offered through our Website.

20.2 If you do not agree with the revised Terms and Conditions, you must stop using our Website or purchasing our Products.

20.3 If you have given your explicit consent and approval to these Terms, we will ask for your explicit consent and approval for any revisions to these Terms before your first purchase of Products after the revision has come into effect. If you do not give your explicit consent to the revised Terms within a period specified by us, you must cease using the Website or purchasing our Products.

21. Your breach

21.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website

(c) stop processing an Order

(d) refuse to accept any payment from you

(e) permanently deny you access to our Website

(f) deny computers with your IP address access to our Website

(g) contact one or more of your internet service providers and request them to block your access to our Website; or

(h) take legal action against you, whether for breach of contract or otherwise.

21.2 If we suspend, prohibit, or block your access to our Website or any part of our Website, you may not take any action to circumvent that suspension, prohibition, or blocking.

22. Termination and suspension

22.1 You may stop using the Website at any time.

22.2 We may suspend the delivery of the Website at any time, with or without reason, and with or without notice.

22.3 Without prejudice to section 22.2, we may suspend or terminate your access to this Website if your use of the Website causes or threatens to cause legal liability of any kind, or otherwise disrupts the use of the Website by others.

22.4 If we suspend or terminate your access to the Website, we will try to inform you in advance. Nevertheless, we may, at our sole discretion, suspend or terminate your access to the Website immediately without prior notice.

22.5 We do not guarantee that our Website will always be available or operate uninterrupted. We may stop, suspend, withdraw, or limit the availability of our Website in whole or in part for business or operational reasons. We will try to reasonably inform you of any suspension or withdrawal. You will have no right to any compensation or other payment upon the discontinuation, suspension, withdrawal, or modification of the Website.

23. Consequences of termination

23.1 Upon termination of these General Terms and Conditions, any obligation to provide customer support will end immediately.

23.2 Under no circumstances will you be able to claim compensation from us for loss of rights, loss of goodwill, or any other damage upon termination of these General Terms and Conditions for any reason.

23.3 The termination of these General Terms and Conditions does not affect any other right that has already arisen and will not affect the provisions of these General Terms and Conditions that, according to their provisions, are expressly intended to come into effect or remain in effect thereafter. Sections 17 (Liability) and 18 (Indemnity) will remain in effect even after the termination of these General Terms and Conditions.

24. General provisions

24.1 You may not transfer any of your rights under these General Terms and Conditions.

24.2 The rights, powers and remedies provided in these Terms are (unless expressly stated otherwise) cumulative and not exclusive of any rights, powers and remedies provided by law or otherwise.

24.3 We outsource the hosting of the Website to a third party.

24.4 If the validity or enforceability of a provision of these General Terms and Conditions is in any way limited by applicable law, that provision shall be valid and enforceable to the extent permitted by that law. The invalidity or unenforceability of such a provision does not affect the validity or enforceability of any other provision.

24.5 Failure or delay in exercising a right, power or remedy provided by these General Terms and Conditions or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of a provision of these General Terms and Conditions, this does not constitute a waiver of a subsequent breach of that provision, or a waiver of a breach of any other provision.

24.6 The exercise of the parties' rights under these General Terms and Conditions is not dependent on the consent of any third party.

24.7 These General Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

25. Applicable law

25.1 These General Terms and Conditions, their subject matter and formation (and all non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.

25.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or relating to these General Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute concerning non-contractual obligations arising out of or relating to these General Terms and Conditions, shall be referred to and finally resolved by arbitration administered by Hong Kong in effect at the time the Notice of Arbitration is filed. The law of Hong Kong applies to this arbitration clause. The place of arbitration is Hong Kong. The number of arbitrators is one. The arbitration proceedings shall be conducted in English.

26. Interpretation

26.1 In these General Terms and Conditions:

“Contract" means your order of a Product or Products in accordance with these General Terms and Conditions, which we accept in accordance with paragraph 4.3;

"Customer" means any person who places an Order on the Website;

"Delivery Address" means the delivery address as stated in the relevant Order;

"Estimated Delivery Date" means an estimated delivery date of an Order;

"Force Majeure Event" any event or circumstance that leads to or results from a failure or delay by us in performing any obligation under these Terms caused by or resulting from a cause beyond our control that was not due to, or largely attributable to, any failure on our part to exercise appropriate care to prevent such failure or delay, and includes war or threat of war; act of God; natural or nuclear disaster; riot or civil unrest; pandemic; terrorist act; malicious damage; fire or flood; compliance with a new law or order of a government agency or judicial authority; closure of airports or ports; or a labor dispute unrelated to the party affected by the event or circumstance causing the suspension or delay of work;

"Indemnified Parties" means us, any affiliated company, and their respective officers, employees, contractors, and agents. "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of a similar nature;

"Order" means the order submitted by you through our Website to purchase a Product or Products from us;

"Order Confirmation" means our email to you confirming your Order in accordance with paragraph 4.3;

"Payment Intermediary" means a third party that provides payment processing services and is used by us;

"Product" means a product offered on our Website;

"Website" means the website;

"Website Infrastructure" means all our systems (including code) that facilitate, provide, or describe the Website;

26.2 References to "paragraphs" are references to paragraphs of these Terms and Conditions.

26.3 Headings are for clarification only and do not affect the interpretation or construction of these Terms.

26.4 Words indicating the singular also include the plural and vice versa. Words indicating a gender include all genders, and references to persons include an individual, company, business, firm, or partnership.

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