Terms & Conditions

General

Thank you for visiting MAISON XXII’s (“MAISON XXII”, “we” or “us”) website (the “Site”). 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 and policies posted on the Site, including the Privacy Policy (collectively, the “Terms and Conditions” or “T&C”). By using the Services, such as browsing or placing orders on the Site, you are agreeing 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 T&C does not acknowledge any relationship between you and MAISON XXII (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of MAISON XXII.

MAISON XXII reserves the right to make changes to the Site or any part of the T&C at any time. Please check the Site from time to time to check for any updates or changes to any part of the T&C (including the said rules and policies and the Privacy Policy).

If you have any comment about the Site or this T&C please contact us.



Registration

You will need to register an account to use some of the Services available to you on the Site. In registering an account, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data.

If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the T&C prior to such registration or use, and they have approved of such registration or use by you on the terms of the T&C. MAISON XXII reserves the right to only accept orders from you if you are aged 18 or over.

In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.



Prohibitions and Failure to Comply

We may take actions against your account for activities including, but not limited to: • 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. • Advertising or sending unsolicited messages of any kind. • Impersonating others or providing any kind of false information. • Starting or forwarding chain letters of any kind. MAISON XXII reserves the right to terminate any account in 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 text, audio or music, video, graphics, photographs, and image) are the intellectual property of MAISON XXII 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 and/or commercial use of the Content is only permitted when expressly authorised by MAISON XXII and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of MAISON XXII. Any such unauthorized actions may result in civil consequences or criminal penalties.



Third-Party Links

The Site may include links to other websites or resources that are not operated or prepared by MAISON XXII. 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.

MAISON XXII 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 MAISON XXII 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 MAISON XXII to process a charge or charges on your credit/debit card account 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

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



Pricing

Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.

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 Visa, MasterCard, Union Pay and Amex.
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 MAISON XXII, we will not be liable for any delay or non-delivery.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. 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 unauthorised access to any data you provide when using our Services.



Acceptance of Your Order

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

Once you have entered your personal and payment details and placed your order, we will send you an email acknowledging the receipt of 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 MAISON XXII 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 SAR and are written in English.

MAISON XXII reserves its right not to accept an order for any reason in 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 for failure to meet quality standards 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 authorisation for payment. - You do not meet the eligibility criteria to purchase as set out in these T&C.

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



Shipping and Collections

You will be given an indication of the estimated delivery time when you place your order online. MAISON XXII’s teams will try their best to meet the estimated delivery but cannot guarantee that such estimate can be met.

Alternatively, some of the products ordered by you may be chosen to collect at our selected Hong Kong stores. You need to present the order confirmation number 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 MAISON XXII. You also accept the associated transfer of responsibility in the same way.



Special Arrangements

• For peak seasons and special occasions (i.e. Valentine's Day and Mother's Day) pricing, delivery charges, order cut-off times, delivery and/or pick-up times may be altered • 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. MAISON XXII provides free shipping on all orders above HKD600 per seller (after discounts and vouchers have been applied). Orders under HKD600 will be subjected to a shipping fee of HKD50 for delivery within Hong Kong. MAISON XXII reserves the right to update its shipping policy at its sole discretion without prior notice.



Return or Exchange

Unless otherwise stated, this Returns Policy applies to both in-store purchases and online purchases.

Merchandise may be exchanged (subject to stock availability) or returned within 14 days of purchase (in the case of in-store purchases) or receipt (in the case of online purchases) of Merchandise provided that: (1) all tags, certificates, warranties, care instructions, product labeling, authenticity cards, extra buttons, dust bags and boxes are intact and returned together with the Merchandise; (2) the original invoice is presented; (3) in the case of returns or exchanges of online purchases returned or exchanged in store, the order confirmation number of the online purchases is presented; (4) the Merchandise does not fall within the category of “Excluded Items” as defined below; (5) the Merchandise is in Sellable Condition as defined below; and (6) a completed returns form is presented.
Returns or exchanges outside 14 days of purchase or receipt of Merchandise (as the case may be) may be accepted at the sole discretion of MAISON XXII.

For online purchases, please contact Customer Service team at +852 28093123 or email to info@maisonxxii.com for returns or exchanges. Returns or exchanges in Stores can only be made in the Stores where the online orders are made.



Sellable Condition

“Sellable Condition” means that the Merchandise is still in its original packaging with the original labels and price tags still attached; that the Merchandise is unused, unwashed, unaltered and in the condition originally sold; and that the Merchandise is not damaged or soiled in any way. Excluded Items In-store purchases
No return or exchange will be accepted for the following items which are defined as “Excluded Items” for purchases in store: Merchandise invoiced as “no refund” or “no return no exchange”, Pre-sale, Sale or Aged Stock Merchandise invoiced as “no return no exchange” or sold “as is”, perishable goods, including food, beverages, flowers, plants (including the vases/pots/vessels in which the flowers and plants are planted) and hampers, MAISON XXII coupons and items subject to Environmental Levy on Plastic Bags.

Online purchases
No return or exchange will be accepted for the following items that are defined as “Excluded Items” for purchases online: goods that are not in Sellable Condition, perishable goods including food, beverages, flowers, plants (including the vases/pots/vessels in which the flowers and plants are planted) and hampers, items subject to Environmental Levy on Plastic Bags and any other item excluded from return or exchange for online purchases by prevailing laws from time to time.

The only exception permitted in the case of Excluded Items is in the case of faulty or damaged items (“Defective Merchandise”). In this case the Merchandise will be returned to the Supplier or for independent assessment by a third party to determine whether the Merchandise is defective. 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 repair or full refund as appropriate within the circumstances at the sole expense of the Supplier. MAISON XXII will use its best efforts to secure such repairs or refund on behalf of the customer but accepts no liability whatsoever howsoever arising for the defective items supplied by the Supplier. Refunds In MAISON XXII’s sole discretion, the original purchase amount will be credited to the credit/debit card used by the customer for purchase of the Merchandise or any designated account in the same name of the customer for all refunds for in-store and online purchases (as the case may be).
For refunds for online purchases, initial shipping, taxes and duties will not be refunded unless the Merchandise is defective in which case a full refund will be made subject to inspection and compliance with the policy under “Return of Defective Merchandise” below.

If any voucher has been redeemed for any in-store or online purchase, only the transaction amount net the value of the voucher will be refunded. Return of Defective Merchandise
For online purchases, customers should contact MAISON XXII in respect of any Defective Merchandise immediately by emailing the Customer Service team at info@maisonxxii.com. Shipping, tax and duties on the Defective Merchandise will not be charged. MAISON XXII reserves the right to request photographic support regarding Defective Merchandise before authorising a return. If requested, the customer shall sign a waiver to indicate their acceptance that MAISON XXII assumes no liability in respect of the Defective Merchandise but will present it for inspection to the Supplier or an independent third party for assessment.



Repairs

Customers may present Merchandise that has been damaged after purchase for repair by the Supplier at the customer’s sole cost provided that the customer agrees to sign a waiver to indicate their acceptance that MAISON XXII assumes no liability in respect of the damaged Merchandise but will present it for inspection to the Supplier for assessment for repair and quotation for the customer’s approval and at the customer’s sole cost.



Exchanges

Unless as otherwise set out under the applicable laws and regulations, customers are permitted to exchange Merchandise other than Excluded Items (for in store purchase) for a different size in the same colour and style based on stock availability. If the customer selects Merchandise of lower value than the original Merchandise purchased then in MAISON XXII’s sole discretion, the price difference will be credited to the credit/debit card used by the customer for purchasing the Merchandise or any designated account in the same name of the customer (as the case may be).

For exchanges of online purchases, shipping, taxes and duties on size-exchange replacements will not be charged after the initial delivery. Gift Returns Merchandise that has been purchased as a gift (“Gift”) may be exchanged or returned within 14 days of purchase (in the case of in-store purchases) or receipt (in the case of online purchases) provided that: (1) all certificates, warranties, care instructions, product labeling, dust bags and boxes are intact and returned together with the Gift; (2) the original gift receipt is presented; (3) the Gift is in Sellable Condition; and (4) the Gift does not fall within the category of Excluded Items.
Returns or exchanges outside 14 days of purchase (in the case of in-Store purchases) or receipt (in the case of online purchases) shall be accepted in the sole discretion of MAISON XXII.

In MAISON XXII’s sole discretion, the original purchase amount will be credited to the credit/debit card used by the customer for purchase of the Gift or any designated account in the same name of such customer for all refunds for in-store and online purchases (as the case may be). Returns and Exchanges of Merchandise purchased in store and delivered to customers To return or exchange Merchandise that have been delivered at a pre-arranged delivery time, for example large or bulky goods, please contact our Customer Service team at info@maisonxxii.com to arrange collection or replacement. MAISON XXII reserves the right to make a charge of up to HKD1000 to cover the collection cost, which will be deducted from the amount to be refunded, except when the Merchandise is defective. Customers will be notified of this amount at the time of cancellation.



Contact Us

Please contact Customer Service team at info@maisonxxii.com regarding questions about this Returns Policy.



Your Right

Nothing in the T&C is intended to affect your rights under the Laws of Hong Kong SAR.



Liability

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. MAISON XXII takes no responsibility for any such views as they do not necessarily reflect ours.

MAISON XXII 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. Under such conditions, MAISON XXII will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this T&C.



Indemnity and Waiver

At our request, you agree to compensate us fully and hold us, MAISON XXII (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 persons using your account caused by your action or inaction.

If you breach the T&C 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 T&C.



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.

MAISON XXII 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 T&C, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these T&C.



Version: November 2017

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