GENERAL TERMS AND CONDITIONS OF SALE

Last Updated: 21st July 2020

The following General Terms and Conditions of Sale govern the offer and sale of products on our website "www.cb3s.com" (the “Website”). The products purchased on the Website are directly sold by Three Spirit International Ltd., with registered office at 1B, Van Fat Factory Building,20-22 Ng Fong Street, San Po Kong, Kowloon, Hong Kong SAR, China (hereinafter referred to as "the Vendor" or "We" or "Us").

Requests for information should be made through our email at info@cb3s.com.

You can obtain more information on orders, shipments, refunds and returning products purchased on the Website. Remember you can also contact us by email at the following email address: info@cb3s.com. For any other legal information, go to the sections under these General Terms and Conditions of Sale, including General Terms and Conditions of Use, Privacy Policy and Return Policy.

We reserve our right to make changes to the Website and these General Terms and Conditions of Sale. These changes will be reflected here and will take effect upon posting. Your continued use of the Website and purchase of products after such changes means that you agree to and accept such changes. If you do not agree to such changes, please do not use the Website or purchase any products on the Website.

1. Our Business Policy

1.1
The Vendor offers products for sale on the Website and provides its e-commerce business services exclusively to Consumers.

1.2
"Consumer" means any individual end user who is 18 years of age or older and who purchases the products for his or her own personal use, not for resale and for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on the Website.

1.3
By using the Website and purchasing products on the Website, you represent and warrant that you are a Consumer, 18 years of age or above and can enter into binding contracts with us. If you do not meet these requirements, you must not use the Website or purchase any products on the Website. The Vendor reserves the right not to process orders received from users who are not Consumers and any order which does not comply with the Vendor's business policy.

1.4
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on the Website between the Consumers and the Vendor.

1.5
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on the Website through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions of sale, since the Vendor shall under no circumstances be deemed liable for the supply of products or services by such third parties or for the execution of e-commerce transactions between users of the Website and such third parties.

2. How to Execute a Contract with the Vendor

2.1
In order to place an order for the purchase of one or more products on the Website, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions. All information you provide on the order form must be truthful, accurate and complete.

2.2
The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product to be ordered and the relevant unit price, the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping methods and shipping costs, and references to the terms and conditions for returning purchased products.

2.3
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order's information has been verified as correct. Any orders placed by a Consumer on the Website does not imply in any way that we have accepted your offer to purchase our products. We have the right, at any time after receiving your order, to accept or decline your order, or any part thereof in our sole discretion. Your order shall only be accepted by the Vendor upon receipt of your payment and subject to product availability.

2.4
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.5
The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Order Status.

2.6
Before submitting the order form, you will be asked to identify and correct possible input errors. The Vendor shall not be liable for any delay or failure in delivery of the ordered products due to any error on the order form or if the delivery address is not complete.

2.7
English is the language used for executing contracts with Vendor.

2.8
After your order form has been submitted, the Vendor will process your order.

2.9
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof.

2.10

If the products displayed on the Website are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within fourteen (14) days from the day after Vendor received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

2.11
By submitting an order form to the Vendor, you unconditionally agree and accept these General Terms and Conditions of Sale as well as accept and undertake to observe these provisions and those of the General Terms and Conditions of Use and Privacy Policy which are incorporated herein and form part of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on the Website.

2.12
Upon submission of an order form, the Vendor shall send you a purchase order receipt email containing a summary of the information related to the order form (the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). Please note that all prices are provided in Hong Kong dollar currency excluding duties, taxes or fees that you may need to pay to local authorities to receive the merchandise. Please note as well that due to fluctuations in exchange rates and merchandise components, the Vendor will not be able to provide you in advance with information on the amount of duties and taxes that may be owed to local authorities. These amounts should be considered above and beyond the total amount of payment of the order.

3. Guarantees and Product Price Indication

3.1
On the Website, we only offer products marked with the “Compoundby3spirit” trademark or otherwise (products in the "Something Old : Something New : Something Borrowed will display their respective labels). These products are purchased by us directly from the fashion house.

3.2
The main characteristics of products are shown on the Website on each product page. The products offered for sale on the Website may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used. Pictures and images on the Website are for illustration purposes only.

3.3
Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.4
Orders made to addresses to which the Vendor cannot ship to or to addresses that are not located in the country/region that you have selected on the “shop in” menu, will be automatically cancelled.

3.5
All Products come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.

3.6
Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products that are returned without the corresponding tag or seal or the products have been altered from their original status or are damaged. Return shipping fees are the responsibility of the customer. We will not provide return labels or refund shipping fees. For more detailed information on our return policy and procedures, please visit our Return Policy page

4. Payments

4.1
Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.

4.2
In the case of payment by credit/debit card, all credit/debit card details (for example, card number or expiration date) will be sent via an encrypted protocol to the banks which provide remote electronic payment services, without third parties having any access whatsoever thereto. These details will not be used by the Vendor, except for carrying out procedures relevant to the processing of payment for the orders.

4.3

The price for the purchase of products and the costs for their shipping and delivery as indicated on the order form will be charged to your account when the purchased products are delivered or shipped to you.

5. Customs and Duties

5.1
Your order may be subject to Customs fees (taxes, duties, processing fees, brokerage fees, etc.) upon arrival. These fees are not under the Vendor's control. For this reason we recommend you verify with your local Customs office before you place an order. The Vendor is unable to estimate customs fees, taxes, duties, etc. so please contact your local authorities or Customs office for detailed information.

5.2
The item prices and the shipping charges you pay to the Vendor do NOT include customs fees, import taxes, brokerage fees or duties.

5.3
Should you refuse your order at the time of arrival or should you refuse to pay the Customs fees when your product(s) arrives, the shipment will be returned to the Vendor. A refund is possible but you will be responsible for the return shipping charges and an administration fee of 15% of the total product price paid. These amounts will be deducted by Vendor from the total price paid by Customers before a refund is made. All shipping costs associated with any return/exchange falls upon the Customer. Shipping costs already paid by Customers for the initial delivery of products, both domestic and international, are non-refundable.

5.4
Customs’ processing may delay the delivery of your order. Should you experience such delay, please check with your local Customs office. The invoice for the Customs fees could arrive weeks after you receive your order, separately from the same.

6. Shipping and Delivery of the Products

6.1

After you submitted an order which is accepted by the Vendor, the products will be delivered to you within a reasonable time subject to availability of products and these General Terms and Conditions of Sale.

6.2

We will deliver your ordered products to the address you provide us on your order form. If you order multiple products, we may ship the products to you separately, depending on their availability.

6.3

We are not responsible for any non-delivery of products unless you notify us via info@cb3s.com within fourteen (14) days of the date when the products should have been received in the ordinary course of events.

6.4

We will be responsible for any damage or loss of products until they are being delivered to the delivery address specified in the order form. After delivery, you will be responsible for any damage, loss or destruction of the products delivered to you.

6.5

For specific product shipping and delivery procedures, see the Customer Care Area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

7. Customer Care

All of our items are shipped from our warehouse in Hong Kong. We are working with international as well as local couriers to serve and send our products to as many destinations as possible. If you are not sure if the item(s) you are interested in purchasing from our site falls under the regions we are able to ship to, we suggest that you contact us at info@cb3s.com immediately and we will do our best to rectify and come up with an alternative solution. Our shipping costs differ depending on where the order is shipping to and how fast it’s getting there. Again, we are working diligently to streamline this process so that we can get your purchased merchandise to you as swiftly and cost effectively as possible. (Please note that there will be a minimum service charge applied to all transactions which will not be refundable). Your order will be shipped by one of these courier services, depending on your shipping address: -

Worldwide: FedEx, DHL

China: DHL, SF Express

Hong Kong SAR: Local Express Courier, SF Express, or HK Post

8. Return Policy

For further information, please click on our Return Policy, which is part of these Terms and Conditions of Sale.

9. Refund Time and Procedures

9.1
After the products have been returned, we shall check the conformity of the products with the conditions indicated in the Return Policy. When the Vendor is able to confirm that such conditions have been met, we will send you an email confirming the acceptance of the returned products.

9.2
Whatever payment type you use, the refund procedure shall be started by the Vendor within thirty (30) days from when the Vendor receives your returned products, and confirming that the return right has been correctly exercised and that the returned products are not damaged and have been accepted.

9.3
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

9.4
The value date for the credit shall be the same as the value date of the original debit.

10. Exclusion of Warranties and Limitation of Liability

10.1

While the Vendor attempts to provide accurate and timely information on the Website, there may be inadvertent technical or factual inaccuracies and typographical errors. We will make correction and changes at any time without prior notice. You are advised to check the Website from time to time for updated information.

10.2

The products you order through the Website may not be available in your region or the information in the Website may not be applicable to you in your country. In such a case, the Vendor may not be able to sell the products you wish to order to you.

10.3

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS AND CONDITIONS OF SALE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO OUR PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, WHETHER EXPRESS OR IMPLIED, AND WHETHER BY LAW, ANY COURSE OF DEALING OR OTHERWISE.

10.4

The Website is provided on an “as is” basis and you access and use the Website at your own risk.

10.5

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL MATERIALS AND CONTENTS, FUNCTIONS, FEATURES AND SERVICES PROVIDED ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT IT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. IN NO EVENT SHALL THE VENDOR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT/ SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED REVENUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT, ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, ANY BREACH OF ANY OF THESE PROVISIONS, ANY ACT OR OMISSION BY THE VENDOR, ITS DIRECTORS, OFFICERS OR EMPLOYEES, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY CONTEMPLATED.

10.6

YOUR RIGHT TO RECEIVE A REFUND PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF SALE CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DEFECTIVE, DAMAGED OR WRONG PRODUCTS SENT TO YOU OR ANY PRODUCTS THAT HAVE BEEN INACCURATELY DESCRIBED OR PRICED ON OUR WEBSITE.

10.7

TO THE EXTENT OUR LIABILITY IS UNABLE TO BE EXCLUDED OR LIMITED UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE AND THE SALE OF PRODUCTS TO YOU, OR OTHERWISE CONNECTED TO THE WEBSITE OR PRODUCTS, SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO US FOR THE RELEVANT PRODUCTS SOLD THROUGH THE WEBSITE.

11. Force Majeure

Notwithstanding anything to the contrary provided, we are not liable or responsible to you, nor will we be deemed to have defaulted or breached these General Terms and Conditions of Sale for any failure or delay in fulfilling or performing any part of these provisions to the extent that such failure or delay is caused by any acts or circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or telecommunication breakdown, power outage, failures or interruptions on our e-commerce backend services, payment processing services and/or software failures.

12. Indemnity

You agree to indemnify, defend and hold harmless Vendor, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website, any content or text you posted on the Website, your violation of these General Terms and Conditions of Sale, or your violation of any law or the rights of any third party.

13. Privacy

13.1
You will find information on how we collect, process and use your personal data by clicking on Privacy Policy.

13.2
You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of the Website.

13.3
For further information on our Privacy Policy you can contact us at info@cb3s.com or at Vendor's registered offices.

14. Governing Law

14.1

These General Terms and Conditions of Sale, General Terms and Conditions of Use and the Privacy Policy and any disputes or claims arising out of or in connection with its subject matter (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of Hong Kong SAR, China. Any such disputes between the Vendor and you, as the Consumer, shall be resolved exclusively by the competent courts in Hong Kong SAR.

14.2

Regardless of any statute or law to the contrary, any dispute must be commenced within one (1) year after the occurrence of the event or facts giving rise to such a dispute, or you waive the right to pursue any such dispute based upon such event or facts forever.

15. Amendments and Updates

The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the Website.