Terms and Conditions

Services
1. We are Clothes-up ltd. (collectively "we", "Company" , "Clothes-up" or “Clothes up”) and we own the site and mobile application. Our site facilitates a convenient way to shop online, including by using our applications or software (“services”).
2. By using our site and mobile application, you agree to be bound by the below terms and conditions.
3. The meaning of some words used in these terms and conditions:
  1. “we”, “us” or “our” is a reference to (name of person or company providing the services).
  2. “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise.
  3. “content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
  4. “merchandise” means the goods or services you ordered through our site, which you will pay for.
  5. “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
  6. “services” has the meaning given in clause 1.1.
  7. “seller” means the seller of the merchandise you ordered through our site or mobile application.
  8. “mobile application” means Clothes-up’s mobile application, and any associated sites linked to it.
  9. “User Content” has the meaning given in clause 9.1.
Registration
1. You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are capable of forming a legally binding contract.
2. You represent to us and to all sellers of the merchandise through our mobile application that all purchases made by you through our mobile application will be within the scope of your authority to conclude contracts.
3. In consideration of your use of our services, you agree to:
  1. provide true, accurate, current and complete information about yourself when filling out our registration form; and
  2. maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
Order
1. We are not the seller of the merchandise. We are not responsible for any loss or damage. You should check the content in the mobile application carefully.
2. When you place an order you are making an offer to buy from the seller the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if the acceptance or rejection of your order is still pending.
3. We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
  1. No sufficient stock to deliver the merchandise you have ordered;
  2. No delivery can be arranged for your area; or
  3. One or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the seller.
  4. If we cancel your order we will notify you in the mobile application and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
Delivery
1. The delivery is processed by SF Express and seller, please read the delivery policy as specified by the SF Express and seller carefully before you place an order. We are not responsible for the delivery.
2. Seller only make deliveries in the specified areas of Hong Kong from Monday to Sunday except on the first two days of the Lunar New Year and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion.
3. You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
Price and Payment
1. If the order is cancelled by us, if you have already made any payment, we will make a refund. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.
2. Seller only accept credit card payments made by Visa and MasterCard. When you place an order you authorise seller to debit the credit card you specify on your order for the amount of the order at the time seller send their acceptance of your order. Title in the merchandise does not pass to you until payment has been received.
3. We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transaction, and in no event shall any such losses in whole or in part be borne by us.
Returns or Exchanges
1. The return or exchange is processed by seller, please read the return policy as specified by the seller carefully before you place an order. We are not responsible for the return and exchanges.
Disclaim of Warranties and Limitation of Liability
1. We do not represent or warrant that access to our mobile application (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.
2. We do not represent or warrant to you that our mobile application or any contents in it will be accurate, complete or reliable.
3. We do not represent or warrant that:
  1. any services will be provided with due care and skill; or
  2. any merchandise in clothes-up will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
4. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
5. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
  1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our mobile application (including using our applications or software) or any information on our mobile application;
  2. the unavailability of our mobile application (or any part of it), merchandise or services;
  3. any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
  4. any merchandise not being of merchantable quality or fit for their intended purpose; or
  5. any misrepresentation on or relating to our mobile application, the merchandise or the services.
6. Save as required by law:
  1. we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
  2. we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
7. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from our mobile application. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
8. You agree that each of these limitations is reasonable having regard to the nature of our mobile application and in particular given that when you purchase merchandise through our mobile application you will enter into a separate contract with the seller in each case.
9. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
10. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
Content
1. The intellectual property `rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 9.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
2. Subject to these terms and conditions, you may use the Content for your own personal purposes.
3. Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
  1. use the Content for any commercial or other non-personal purpose;
  2. make any copies of the Content or transfer the Content to any other device or any other person; or
  3. otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
4. You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
5. We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our mobile application rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our mobile application.
User Generated Content
1. When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our mobile application (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the mobile application, including without limitation for the purposes of promoting and redistributing part or all of the mobile application in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the mobile application a sub-licence to use the User Content to the extent permitted by the functionality of the mobile application from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
2. You represent, warrant and covenant that:
  1. You have the legal right and authority to grant the licence in clause 9.1 above;
  2. You are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 9.1 above;
  3. By exercising the licence in clause 9.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
  4. To the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 9.1 above;
  5. The User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our mobile application; and
  6. At our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
Linked Websites
1. Certain links in our mobile application will take you outside our mobile application. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site or mobile application.
Termination
1. We can terminate your access to our mobile application or registration immediately if you are in breach of any of these terms and conditions.
2. Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
General
1. Where in these terms representations and warranties are made to us and to sellers of merchandise through our mobile application, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such sellers and that each such seller may rely upon and enforce such representations and warranties against you.
2. We reserve the right at any time without notice to revise the content of our mobile application (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our mobile application and by continuing to use our mobile application following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
3. We have made every effort to make clear whether the quoted prices for merchandise available through our mobile application include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the seller or by operation of law that is in addition to the price.
4. We take privacy issues seriously. Our privacy policy covers our use of any information you provide. In using our services, you agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
5. We reserve the right at our sole discretion to deny users access to our mobile application or any part of our mobile application without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
6. We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our mobile application resulting from any event or circumstance beyond our reasonable control.
7. If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
8. These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
9. These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
Intellectual Property
1. All intellectual property rights in the Content, User Content, design, text, graphics and other material on our mobile application and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
2. All trade marks, product names and company names or logos used in our mobile application are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
Indemnity
1. You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
Modifications of Terms & Conditions
1. We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use our website or mobile application after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.

Last Updated: 23 November 2017