Terms of service

OVERVIEW 
This website is operated by LaLa Charm Co Ltd. Throughout the site, the terms “we”, “us” and “our” refer to LaLa Charm Co Ltd. LaLa Charm Co Ltd offers this website, including all information, tools and services available from this website (“Site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these terms and conditions (“T&C”) carefully before using and/or placing an order on the Site. By visiting and shopping at the Site, you are deemed to have accepted the T&C and agreed to be bound by the T&C.

LaLa Charm is a limited company incorporated in Hong Kong with its registered address at [19/F, SPA Centre, 53-55 Lockhart Road, Wanchai Hong Kong] and the sole and exclusive online distributor of the lingerie and garments (“Products”) of Grant E Ones Co. Ltd (“Grant E One’s”) within the territory of People’s Republic of China, including Hong Kong and Macau.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. 

We may restrict your access to the Site or part of it subject to registration and other conditions. Any access to the Site may be withdrawn at any time (including but not limited to your breach of any of the T&C).

We do not guarantee the Site or any individual function will always be available and error-free or that the Site or the server is free of viruses or other harmful components. We will not be liable for any reason the Site is unavailable at any time or for any period and/or any loss or damage caused by viruses or other harmful components that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site.

1. Prohibitions

You must not misuse the Site and you are prohibited to:-

  a. use the Site for any fraudulent or unlawful purpose;
  b. defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation to others’ privacy rights or rights of publicity;
  c. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
  d. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks;
  e. transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; and
  f. send any unsolicited advertising or promotional material.

2. Intellectual Property

All content, such as text, pictures, icons, videos, and software, on this Site, is the intellectual property of LaLa Charm, Grant E One’s, and their licensor(s).

All such intellectual property rights are protected by intellectual property and copyright laws of the Hong Kong Special Administrative Region (“Hong Kong”), and international treaties and conventions on intellectual property.

This Site is for your personal use and non-commercial use only. Unless it is expressly authorized by LaLa Charm, Grant E One’s, or their licensors, you are not permitted to:-

a. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, in any format, any portion of, use of, or access to the Site;
b. modify, adapt, translate, reverse engineer, decompile or disassemble any proportion of the Site, including but not limited to trademarks belonging to LaLa Charm and Grant E One’s;
c. frame and mirror any part of the Site without our express written consent; and
d. create a database by systematically downloading and storing the content of the Site.

3. Third-Party Links

The Site may include links to other websites or online resources which are not operated or prepared by LaLa Charm. We do not have control over such external websites and online resources and will not be liable for any loss or damage that may cause by or in connection with your use of them.

We are not responsible for the content or accuracy of such external websites or online resources. Your use of these websites or resources will be at your own risk and subject to the terms and conditions contained within such websites.

4. Eligibility of Placing Order

In order to place an order with us, you must:-

 a. over 18 years of age;
   b. possess a valid credit card issued by a licensed bank acceptable to LaLa Charm;
   c. warrant the personal and payment details (such as email address, real name, phone number, billing information, and other request information) provided by you to be valid and accurate; and
   d. be the authorized user of the credit card used to place your order and that there are sufficient funds to cover the order price.  

 By placing an order on the Site, you expressly authorize us to:-
   a. process a charge or charges on your credit card in the amount of the final purchase price, including the purchase price of the Products and delivery costs (“Final Purchase Price”);
   b. use the personal details provided by you to perform anti-fraud checks; and
   c. transmit or obtain information about you to or from third parties, such as credit references or fraud prevention agencies.

All orders are subject to the availability of the Products and confirmation of the Product price. Products in your shopping basket are not reserved and may be repurchased by other customers.

 5. Price and Product Description

All prices shown on the Site are in Hong Kong Dollars (“HKD”). If your credit card is not denominated in HKD, the Final Purchase Price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the date the bank processes the transaction.

According to the difference caused by the yen floating exchange rates, we reserve the rights to adjust the prices.

The total amount as shown in the shopping cart has already included the corresponding costs to deliver the Products to the country you are currently located in when browsing the Site.

However, the prices of the Products displayed on the Site exclude import taxes. You are advised to check the relevant import taxes and duties of the country your order will be shipped before placing an order. We are not in control of any import taxes and duties applicable to your order. You shall be responsible for paying the import taxes and duties to release the Products from the customs on arrival (if applicable).

Whilst we use our every effort to ensure that all details displayed on the Site are accurate, we do not guarantee they are without errors. If we discover an error in relation to the price or description of any Product you ordered, we will contact you as soon as possible and provide you an option of reconfirming at the correct price or canceling your order. If we are not able to contact you, the order will be treated as canceled. In case you have already paid for the Products, you will receive a full refund.

6. Acceptance of Order

Upon placing your order and entering all relevant information, we will send you an email acknowledging the receipt of your order (“Order Confirmation”). This Order Confirmation does not constitute an acceptance of your order.

Your order will not be accepted and no contract is formed between you and us until we have:-

   a. debited your credit card in the full amount of the Final Purchase Price.; and
   b. sent you an email to confirm the Products have been dispatched to you (“Shipment Confirmation”).

We have the sole discretion not to accept your order for any reason, including but not limited to the following reason(s):
    a. the Product you ordered is out of stock;
    b. there is a pricing or Product description error;
    c. we are not able to debit your credit card for payment of the Final Purchase Price; and
    d. you breach any term of the relevant policies and agreements, the Privacy Policy and the T&C.

If the product you ordered is out of stock and we have received your payment, we will refund the full amount of the Final Purchase Price to you. We will not be liable for any loss or damage in relation to our refusal to accept your order.

7. Cancellation and Amendment of Order

You are unable to amend any part of your order or cancel your order upon Order Confirmation.

8. Delivery

We endeavor to deliver the Products by the delivery times set out on the “Delivery” page. However, we do not guarantee the expected arrival date is completely accurate and we will not be responsible for any delay of delivery due to customs clearance or events beyond our control as stated below.

The Product(s) will be at your risk from the time of delivery while the title of the Product(s) will only pass to you until we receive full payment of the Final Purchase Price. We have the right to retrieve any Product(s) stated in the Shipment Confirmation if we do not receive full payment from you.

9. Disclaimer of Liability

We provide the Site on an “as is” basis and make no representation as to the quality, completeness, or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:-

    a. all conditions, warranties, and other terms that might otherwise be implied by law into these T&C; and
    b. any and all liability to you, whether arising under these T&C or otherwise in connection with your use of the Site.

All images involving models displayed on the Site are provided by Grant E One’s. LaLa Charm shall not be liable for any claim raised in relation to the intellectual property of such pictures.

LaLa Charm is not liable for any harm to you or your property caused by a defect in the quality of the Products.  Grant E One’s shall be liable for any claim raised in relation to any defective or unsafe Products.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these T&C is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Hong Kong law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

10. Indemnity

You agree to fully and irrevocably indemnify, defend and hold harmless LaLa Charm, its directors, officers, employees, consultants, agents and affiliates from any of all third party claims, liability, damages and/or costs, including but not limited to legal fees, arising from your use of the Site or your breach of the T&C.

11. Notices

All notices given by you to us should be preferable via [email]. Notice will be deemed received and properly served immediately when posted on the Site, [6] hours after an email is sent, or [2] days after the date of posting a letter.

12. Events beyond our Control

We shall have no liability to you for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, and other industrial disputes, breakdown of network systems, flood, fire, explosion or accident.

13. Wavier

The waiver by LaLa Charm of any breach of the terms of the T&C shall not operate or be construed as a waiver of any subsequent breach. Failure by LaLa Charm to insist upon strict performance of any terms of the T&C hereunder, or delay in exercising any of its remedies, shall not constitute a waiver of such term or a waiver of any default, not of the remedy.

14. Severability

If any terms of the T&C is held by any court or other competent authority to be void or unenforceable in whole or part, the T&C shall continue to be valid as to the other terms thereof and the remainder of the affected term.

15. Modification of Terms

We reserve the right to revise and modify any content of the Site, including the T&C, at any time.

16. Governing Law and Jurisdiction

The T&C shall be governed by and construed in accordance with the law of Hong Kong. The courts of Hong Kong shall have the exclusive jurisdiction to resolve any disputes associated with the T&C.

17. Language

This T&C has been translated into Chinese. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.