By visiting our site and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and policies. referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content contributors.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of its terms, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.
SECTION 1 - CONDITIONS FOR ONLINE SHOP By agreeing to these Terms of Service, you represent that you are at least of legal age in your state or province, or that you are of legal age in your state or province and that you have given us your permission to allow all of your minor family members to use this site.
You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.You may not transmit worms or viruses or code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service at any time for any reason. You understand that your content (excluding credit card data) may be transmitted unencrypted and may include (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card data is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission from us. .
The titles used in this Agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is intended as general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES.
The prices of our products are subject to change without notice.We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may be available exclusively online through the Website. These products or services may have a limited quantity and can only be returned or exchanged according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. Any descriptions of products or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
Please see our return policy for more information.
SECTION 7 - OPTIONAL TOOLS.
We may provide you with access to third-party tools that we do not monitor and have no control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or conditions of any kind and without any endorsement. We assume no liability arising out of or in connection with your use of optional third-party tools.
Any use by you of optional tools provided through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions under which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain third-party material.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not liable or responsible for any third party materials or web sites, or for any other third party materials, products or services.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content or other transactions conducted in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send, at our request, certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Comments"), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any Comments you send to us in any medium. We are and are not obligated:
(1) to keep any comments confidential;
(2) to pay a fee for any comments;
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service. .
You agree that your comments do not infringe any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is subject to our privacy policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have placed your order) .
We are under no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date may be applied in the Service or on a related website to indicate that any information in the Service or on a related website has been changed or updated.
SECTION 12 - PROHIBITED USES.
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its contents:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate international, federal, state or national regulations, rules, laws or local ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Service or any related website, other websites or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phishing, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the Prohibited Use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We cannot guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely or cancel the Service at any time, without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The service and all products and services provided to you through the service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Finebay, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost income, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in the content, or any other claim related in any way to your use of the service or any product. loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Finebay and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such provision shall not affect the validity and enforceability of any other provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date shall continue in effect for all purposes after termination of this Agreement.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you no longer use our site.
If, in our judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may therefore deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals , oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - Right of Withdrawal.
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
SECTION 19 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the cost of returning the products is the responsibility of the consumer. Returns must always be sent by registered mail, otherwise you have no proof if something goes wrong.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.
SECTION 20 - Exclusion of the right of withdrawal
UPDATE: Orders that have already been shipped can no longer be cancelled. Due to the fight against COVID-19, we can no longer accept returns of products that have been opened/worn for the safety of our staff and customers indefinitely. Thus, we can only accept returns in unopened packaging.
The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygiene products of which the consumer has broken the seal.
i. Products purchased on offer/promotion/sale or at a discount can never be returned.
j. Products of which the packaging has been opened and are therefore no longer in their original condition.
Exclusion of the right of withdrawal is only possible for services
a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.
SECTION 21 - APPLICABLE LAW.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.
SECTION 22 - CHANGES TO THE TERMS OF SERVICE.
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to info@trendbaystore.com