Terms and Conditions
1. Terms and Conditions
The products (“Products”) and Services (“Services”) offered at coloursofsoul.com (hereinafter the "Website") are provided to you under the terms and conditions hereof (“Terms and Conditions”). Terms and Conditions ("Terms and Conditions"), and any operating rules or policies that may be published by the Website at the URL: www.coloursofsoul.com. The Terms and Conditions are a legal agreement between you and the Website. By using the Website or Services or placing an order for the Products, including without limitation registering å the Website or placing an order, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions (including our privacy policy ("Privacy Policy"), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Website, Products and Services. If you do not agree with the foregoing, you are not authorized to use the Website or Services or placing an order for the Products. The Terms and Conditions (including our Privacy Policy) comprise the entire agreement between you and the Website and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by the Website. Any offer by the Website is conditioned on your acceptance of these Terms and Conditions.
2. Your Privacy
The Website use the information you provide about yourself when placing an order to complete that order only. This allows us to process and fulfill your order and to notify you of your order status. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to create the product according to your concept, to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. All of the customer data we collect is protected against unauthorized access. We will only release or use account information when we believe, in good faith, that such release is reasonably necessary to
2.1 comply with law,
2.2 enforce or apply the terms of any of our user agreements or
2.3 protect the rights, property or safety of the Website, our users, or others.
We use return email addresses to reply the emails we receive. Those addresses are not used for any other purposes and are not shared with outside parties. We may use the information we collect to occasionally notify you about important functionality changes to the Website and Services, or any key notice that we trust will be vital to you. If you prefer not to receive such information, you may email us and tell us to take you out from the list.
You can register [y1]with our Website if you would like to receive our updates on our new products and Servicess. Information you submit on our Website will not be used for this purpose unless you fill out the subscription form[y2].
We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without providing you an opportunity to opt out or otherwise prohibit such unrelated uses.
The Website is committed to protecting your privacy. We use the information we collect on our Website to complete your shopping experience with us. We do not sell, trade, or rent your personal information to others. If we choose to do so in the future, you can email us to opt out. By using our Website, for its products or Services, you consent to all the terms and conditions of the Website. If we change our privacy policy, we will update on this page so that you are always informed of what information we collect, how we use it, and under what circumstances we disclose it.
3. Intellectual Property
3.1 All creations, including but not limited to graphics, designs, paintings, photographs, images and scripts are originally created by the owner of the Website[y3]. The copyrights of such creations belong to the owner of the Website. It is prohibited to use, post, distribute or reproduce in any way any or part of the abovementioned copyrighted creations or other proprietary information, including as part of trademarks and / or as part of domain names or email addresses, in connection with any product or Services in any manner that is likely to cause confusion, without the written consent by the owner of the Website.
3.2 We may terminate the privileges of any user who uses the Website or Services unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
4. Charges for Custom Orders
The Website welcomes all custom orders. We will create based on the discussion between the Website and you. A 30% charge of the price (excluding shipment, taxes or any other possible additional costs incurred except for the product itself) of the final product will be levied once we have agreed on the proposed artwork, via email, phone or any other means of communication. Such 30% charge is for the time and effort exerted and materials used for the creation based on our agreed proposal, and is non-refundable. We will email you a photo of the final product for review once ready. Once the final product is accepted by you, through email, phone or any other means of communication, you will have to pay the remaining 70% charge of the price of the final product, and the shipment fee incurred in sending the product to your designated address. We will advise you of the total charge and you are required to settle the payment before shipment.
5. Additional Charges
International customers are responsible for all fees associated with shipping to their respective countries. Orders that are shipped to countries outside of Hong Kong may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. All international orders will have full value declared on customs forms.
6. Links to Third Party Websites
Any Websites that are accessible via links included within the Website and Services that take you out of the Website and Services are not under the Website's control and the Website shall not be responsible for the content, products or Services of any linked Website. All such third party websites shall be subject to the policies and procedures of the owner of such websites. Listing of these third party websites should not be taken as endorsement of any kind. We cannot guarantee external links will work at all times and we have no control over their availability.
7. No Resale or Commercial Use
Your right to use the the Website and Services is personal to you. You agree not to resell or make any commercial use of the Website and Services without the express consent of the Website. The Website reserves the right to terminate your account or any Services to you if the Website determines you have not complied with these Terms and Conditions.
8 Ordering Products and Services:
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or Services through the Website.
8.1 All prices listed on the Website are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to acceptance of your order, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the charge.
8.2 Please note that the colours of the items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Website may change at any time, without notice.
9. Order Acceptance:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
10. Content
You are solely responsible for any data, text, graphics, messages, or other materials ("Content") which is transmitted, posted, or distributed by you through and to the Website, including but not limited to the contents of your information, your reviews or any third party information you provided. All Content posted by you is your sole responsibility. The Website does not control the Content posted by users such as yourself via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Website be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Website. Subject to the terms of the Website's Privacy Policy ("Your Privacy"), you agree if you post any Content on the Website, you grant to the Website, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Website and to third parties with whom the Website has a relationship. You also grant the Website the right to authorize the downloading and printing in whole or in part of any Content that you post to the Website.
11. User Conduct
11.1 The Website reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Website. Your use of the Website and Services is subject to all applicable local, state, national and international laws and regulations. In using the Website you agree not to:
11.2 Use the Website and Services for illegal purposes;
11.3 Interfere or disrupt networks connected to the Website and Services or violate the regulations, policies or procedures of such networks;
11.4 Use the Website and Services in connection with chain letters, junk mail, surveys, contests, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
11.5 Collect information about other users, including email addresses, without their consent;
11.6 Transmit through the Website and Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
11.7 Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Website and Services;
11.8 Transmit through the Website and Services any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation;
11.9 Interfere with another User's use and enjoyment of the Website and Services;
11.10 Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
11.11 Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
11.12 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Website and Services any directory of the Website's users or usage information or any portion thereof other than in the context of your use of the Services as permitted under these Terms and Conditons;
11.13 Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
11.14 Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or
11.15 Engage in any other conduct which, in the Website's sole discretion, is considered inappropriate, unauthorized or objectionable.
12. Payment Terms
For each product or Services you order on the Website, you agree to pay the price applicable for the product or Services (including any sales taxes, surcharges and any delivery fees for the delivery Services you select) as of the time you submitted the order. Unless you and the Website have agreed to an alternate billing arrangement in writing signed by the Website, the Website will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
13. Taxes
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on the Website's net income).
14. Specials, Promotions and Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
15. Shipping and Delivery
The Website, in conjunction with our Services providers, will attempt to deliver in the estimated timeframe. You acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. We cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The Website is not responsible for:
15.1 gift products and preserved items delivered to incorrect addresses supplied by the sender.
15.2 unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
15.3 decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
15.4 product quality problems caused by improper handling by the recipient.
16. Order Cancellation
The Website does not allow orders to be edited or cancelled after submitted. All sales are final and products may not be returned, except as expressly permitted in these Terms and Conditions. In the event (a) you received the incorrect item or (b) the product was broken, damaged or otherwise inoperable, the Website may, in its sole discretion, provide a refund for the purchase price or allow you to return the product.
17. Indemnification
You agree to indemnify and hold the Website, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Services, the violation of these Terms of Services by you, the infringement by you (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any local or national or international law or regulation.
18. Termination
The Website, in our sole discretion, may terminate the Website and Services or your use of the Services at any time, for any reason, or no reason, including without limitation, if your conduct fails to conform to the Terms and Conditions. The Website shall not be liable to you or any third party for termination of the Website or Services or termination of your use of the Website or Services. You may terminate your participation in the Website or Services by notifying the Website. Should you object to any Terms and Condition or any subsequent modifications the Website makes to the Terms and Conditions, your only recourse is to immediately: (1) discontinue use of the Website or Services; and (2) notify the Website of your termination and, at your discretion, notify the Website of the reasons for your termination. Upon termination of your use of the Website or Services, your right to use the Website or Services shall cease immediately. You shall have no right and Website will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Further, your termination of use of the Website or Services shall not terminate any terms which by their nature shall survive.
19. Violation of Terms by Other Users
The Website asks that you participate in ensuring that all users follow the Terms and Conditions by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms and Conditions, please email us at coloursofsoularts@gmail.com.
20. Disclaimer of Warranties and Limitation of Liability
20.1 Disclaimer of warranties
You expressly agree that your use of the site, Services and products purchased is at your sole risk. The Website, Services andProducts purchased are provided on an "as is" and "as available" basis. The Website expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Website makes no warranty that its Services will meet your requirements, or that its Services will be uninterrupted, timely, secure, or error free. The Website makes no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the software will be corrected. You acknowledge that the Website does not control content, information, products or Services offered by advertisers, third parties or other users on or through the Services, including but not limited to information, products, or Services provided by license to the Website from third parties or content provided by other users. The Website assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including but not limited to advertisers and users) through the Website. You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from the Website. The Website makes no warranty regarding any goods or Services purchased or obtained through its Services or any transactions entered into through its Services. No advice or information, whether oral or written, obtained by you from the Website or through the Website shall create any warranty not expressly made herein.
20.2 Limitation of liability
You agree that, except as explicitly set forth herein, the Website, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, Services, or content) or third-party materials or Websites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party Website, even if we have been advised of, or are aware of, the possibility of such damages. Notwithstanding anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, Services, or site content), or third-party materials or Websites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid to the Website for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to the Website in the prior twelve (12) months and fifty dollars ($50).
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between the Website and you. The Website would not be able to provide the sites (including the products, Services, and content) on an economically acceptable basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of coloursofsoul.com suppliers.
21. Modifications to the Services and to Terms and Conditions
The Website reserves the right to modify or discontinue the Website and Services without notice to you. The Website shall not be liable to you if the Website modifies or discontinues its Services. The Website reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms of Services, we may terminate your use of the Website, bar you from future use of the Website or Services, and/or take appropriate legal action against you
22. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Hong Kong Special Administration Region and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
23. Contact us
Any queries, please email us at coloursofsoularts@gmail.com.