Terms and Conditions
Thank you for visiting the Box and Scandal website located at www.boxandscandal.com (“Website”), created and owned by Box and Scandal Limited (“Box and Scandal”, “we”, “us”, “our”), a Hong Kong based apparel company that operates as an online retailer of men’s clothing and accessories (“Products”) and a provider of related sales and subscription services (“Services”).
We reserve the right at our sole discretion, to modify, revise, and/or amend these Terms in part or in whole from time to time with or without prior notice to you and such changes shall be effective upon publishing on this Website. Your continued use of the Website following such revision shall be deemed as your acceptance of these Terms as amended. It is your responsibility to visit the Website regularly to check out the latest Terms.
In addition, when purchasing certain Products or using certain Services, you may be subject to additional terms applicable to such Products or Services that may be posted on this Website from time to time. All such terms are hereby incorporated by reference into these Terms.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Nothing in these Terms affect your statutory rights under the laws of Hong Kong Special Administrative Region.
Use of the Website
Box and Scandal grants you a limited, personal, non-transferable and revocable licence to access and use the Website only as expressly permitted in these Terms; except for this limited licence, we do not grant you any other rights or licence in respect of this Website. Any rights or licences not expressly granted herein are reserved. As a condition of your use of this Website, you warrant that:-
you are at least 18 years of age;
you possess the legal authority to create a binding legal obligation;
you will use this Website in accordance with these Terms;
you will only use this Website and all Products and Services we offer for lawful purposes and in a lawful manner and will comply with all applicable laws and regulations regarding your use of this Website and the Products and Services;
you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or Products or Services obtained from this Website unless with prior permission from us;
you will not use this Website, its contents, or our Products or Services for any non-personal or commercial purpose unless with prior permission from us;
all information supplied by you to Box and Scandal and/or on this Website is true, accurate, current, complete, and not misleading in any respect;
you will take responsibility for keeping the details and passwords of any membership or user log-in account you maintained with us secure and confidential;
you will take responsibility for all access to and use of this Website by anyone using your user log-in account, including all communications and obligations incurred, whether or not such access was actually approved by you; and
you will not and will not attempt to violate the security of this Website including without limitation accessing data not intended for you, logging into a server or account which you are not authorised to access, probing, scanning or testing the vulnerability of a system or network utilised by this Website, breaching the security or authentication measures adopted by us for the Website, and interfering with the access to or use of the Website by other users.
We reserve the right to change any information, features and functions of this Website without prior notice. We retain the right at our sole discretion to deny access to anyone to this Website and our Products and Services, terminate accounts, and/or cancel orders at any time and for any reason, including, but not limited to, for violation of these Terms or any applicable law or as necessary in our discretion to protect our interests or the security or operation of the Website. In the event we exercise our right to deny you access to the Website, you shall immediately cease all access to and use of the same and we shall, in addition to any other legal or equitable remedies, revoke all passwords and account identification issued to you and deny your access to and use of this Website in whole or in part.
Our Products and Services
You may be subject to additional terms and conditions that are applicable to certain or certain parts of the Products or Services.
All prices on this Website are in Hong Kong Dollars unless specified otherwise. All prices shown in this website are for reference only and are subject to final confirmation. We have the right to refuse or cancel orders or memberships if any Product or Service is listed on the Website with an error that incorrectly identifies the true price or service conditions of a Product or Service. We have the right 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 will issue a credit to your credit card account in the amount of the charge and you agree that this is your sole remedy.
We offer recurring subscriptions of Products as part of our Services. When you place an order for any recurring subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must update your preferences in your user log-in account at least 2 weeks prior to your next scheduled renewal date to avoid charge. We may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 2-week notice requirement. Any subscriptions under an incorrect subscription plan will be cancelled and any applicable charges refunded without notice to the subscriber at our sole discretion.
Once an order for a Product or a Service is placed, we will send you an email acknowledging the receipt of your order; this email does not constitute our acceptance of your order. Your order will be accepted when we send you an email to confirm the relevant Products or merchandise included in the Services have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed.
All orders are subject to stock availability. In any event, Box and Scandal reserves its right not to accept any order for any reason at its sole discretion.
Due to health reasons and the nature of our Products and Services, unless specifically provided otherwise, all Products and merchandise included in our Services are non-returnable and non-refundable.
Shipping and Risk of Loss
All Products purchased and all merchandise included in any Services from our Website will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier.
All missing or damaged shipments or items must be reported to our customer support with adequate evidence within 28 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped, and a refund will not be issued or considered. In all circumstances, refunds will be at the sole discretion of our customer support.
We control and operate this Website from Hong Kong Special Administrative Region. All sales contracts are concluded in Hong Kong. We make no representation that materials on the Website are appropriate or available for use outside Hong Kong. If you choose to access this Website from outside Hong Kong, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any subscriptions under an incorrect plan will be cancelled and any applicable charges refunded without notice to the subscriber.
The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected.
Disclaimers and Exclusion and Limitation of Liability
To the greatest extent permitted by law, the Website is provided “as is”, without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we specifically disclaim and exclude any and all representations and warranties of any kind in connection with or in relation to the Website, the information contained therein, the Products displayed thereon and the Services provided thereat. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
Without limiting the generality of the foregoing, we do not represent or warrant that:-
your use of the Website will be uninterrupted or error-free;
defects on the Website will be corrected;
the Website or its server will be free of computer viruses or other harmful elements;
the information contained in the Website will be timely, accurate or complete; or
the Products and the Services displayed will be available at all times.
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we will not be liable to you for any modification to or withdrawal of the Website.
Except to the extent precluded by applicable law, we exclude all liability arising under, in connection with or related to these Terms and your use of the Website, including without limitation all liability for indirect, special, incidental, consequential or punitive losses, damages or expenses, and damages for economic loss or loss of profits.
The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
To the extent that our liability cannot be excluded and we are able to limit our liability, our maximum aggregate liability for all claims arising from, in connection with or related to your use of the Service or the Website and the Website itself shall be limited to a sum equivalent to your payment to Box and Scandal for the particular Products or Services from or as a result of which the specific liability attaches.
You unconditionally agree to defend, indemnify and hold harmless us from and against all claims, actions, demands, liabilities, expenses, penalties, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from, in connection with or related to your use of the Website or your breach of these Terms.
No failure or delay by us in exercising any right, power or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
Intellectual Property Rights
You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual property owned by us, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws. All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names and/or logos or those of third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Website. You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for the said use, and that any use of third party intellectual property may be further subject to such third parties’ licences or conditions.
In the event that you provide us any data (including but not limited to photographs, images, video, music, art, or text) related to the Website, or our Products and Services (collectively “User Content”) on the Website or through any other method of communication with us, you acknowledge that you understand and agree that we may use the User Content to modify our Website, Products or Services, and that you will not be due any compensation, including any royalty related to the product or service that incorporates your User Content, unless we have entered into a separate agreement with you that provides otherwise. Unless otherwise agreed, you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.
Governing Law and Jurisdiction
These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region. Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by a court of competent jurisdiction.
Last updated Thursday 6th December 2018