These terms and conditions apply to all purchase orders submitted to BEOTYSHOW’s online store on www.beotyshow.com (in the following referred to as the “online store”). The terms “Us”, “We” and “Our” refer to BEOTYSHOW. The terms “You” and “Your” refer to users of this Website.
We reserve the right to change at Our discretion these Terms and Conditions of Sale at any time and continued use of this Website will be construed as Your acceptance of any new terms. If these Terms and Conditions of Sale are changed in any way, the date at which they were last updated will be featured at the bottom of this page. The version published on the Website is the version currently in force. BEOTYSHOW invites You to periodically read the Terms and Conditions of Sale to ensure You are fully informed of any relevant and applicable changes.
By using this Website You agree that it is for Your own non-commercial use and that You will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organisation.
You also undertake that You will not gain or attempt to gain access to Our information technology systems to distribute any form of malicious software designed to affect Our own information technology systems or that of any other Website user. Whilst We have taken the necessary precautions to protect the Website from malicious software, We cannot be held responsible should a third party implement any form of malicious software on the Website and the resulting effects this may have on Our users. We reserve the right to withdraw access to the Website at Our discretion if We feel an individual is in breach of Our Terms and Conditions of Sale. We may also report to the police where necessary, the details of any user who may be criminally liable under the Computer Misuse Act 1990.
Use of this Website infers an agreement to observe all relevant intellectual property rights belonging to Us.
We reserve the right to change or remove any part of this Website or the entire Website itself at any time without notice. We also reserve the right to make the Website unavailable in whole or part at Our discretion without notice.
LIMITATION OF LIABILITY
Whilst We will make every effort to ensure that Our Website meets the requirements set forth, We can in no way be held liable except where mandated by law for losses or damages caused by the use of the Website or any dealings with Us. This does not extend to liabilities which We cannot be excluded from under all applicable legislation.
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 delivered to You through the service are (except as expressly stated by Us) provided “as is” and “as available” for Your use, without any representation, 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 case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors beliable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the service or any products procured 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 any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
If We do not to take legal action, whether it be criminal or civil, against any party for breach of these Terms and Conditions of Sale, this does not affect Our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
Our Website operates a guest login and user account scheme. This means that when You purchase goods from Us You can choose to do so by either creating a permanent user account or not.
We reserve the right to refuse access to the Website, amend and remove content and cancel orders at no cost to You.
PRODUCTS OR SERVICES (if applicable)
All goods offered for sale on this Website are official BEOTYSHOW merchandise and We guarantee the authenticity of the goods purchased from this website. The images of the goods on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on Our Website.
We reserve the right, but no obligation, to restrict the sale of Our products or services to anyone, geographic area or jurisdiction. We can exercise this right according to specific circumstances. We reserve the right to limit the number of any products or services We provide. We may change all product descriptions or product prices at any time without notice at Our sole discretion. We reserve the right to stop any product at any time. In the case of prohibition, any quotation for any product or service provided on this Website is invalid.
We do not guarantee that the quality of any products, services, information or other materials You purchase or obtain will meet Your expectations.
Company:XINGZEZHI HK LIMITED
Address:UNIT A1 OF UNIT A 11/F SUCCESS COMM BLDG 245-251 HENNESSY RD HONGKONG(NOT RETURN ADDRESS)
All prices on Our Website are in United States Dollar (USD) unless otherwise stated. All charges will be made in United States Dollar (USD) and, where applicable, this will then be converted to Your local currency at the exchange rate applied by Your card provider. We reserve the right to change, amend or alter the price of goods on this Website at any time without notice.
We take all reasonable care to ensure that the price of the goods advised to You is correct. However, it is possible that, despite Our best efforts, some of the goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the goods’ correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the goods’ correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order. If We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
If You think the price on an order confirmation email is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, We will charge You interest on correctly charged sums from the original due date.
On occasion there may be promotional offers on goods available for sale. We reserve the right to extend, change or withdraw any promotion at any time without further notice.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Website as a whole, and any single element on this Website, is protected by copyright, trademark rights and the other intellectual property rights either owned by BEOTYSHOW or by the companies controlled by, or affiliated to, BEOTYSHOW, or licensed to BEOTYSHOW. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks and software programs used for the management and development of the Website. The elements contained in the Website are reproduced for information and/or promotional purposes only. The Website is for personal use only. You may download or copy the elements contained in the Website for personal use only, not for commercial or other purposes. As a consequence, You are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Website (including any software used for the management and/or development of the Website) for any purposes, other than for personal use.
ACCEPTABLE USE POLICY
The acceptable use policy contained in this section (the “Acceptable Use Policy”) forms part of the Terms and sets out the prohibited uses of Our Website and the Content Standards that apply when You upload content to Our Website, make contact with other users on Our Website, link to Our Website, or interact with Our Website in any other way.
- Prohibited uses
You may use Our Website only for lawful purposes. You may not use Our Website:
1. In any way that breaches any applicable local, national or international law or regulation.
2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
3. For the purpose of harming or attempting to harm minors in any way.
4. To bully, insult, intimidate or humiliate any person.
5. To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards.
6. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
1. Not to reproduce, duplicate, or copy any part of Our Website in contravention of the provisions of these Terms.
- Interactive services
We may from time to time provide interactive services on Our Website. Where we do provide any interactive service, we will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do Our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our Website, and we expressly exclude Our liability for any loss or damage arising from the use of any interactive service by a user in contravention of Our Content Standards, whether the service is moderated or not.
The use of any of Our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.
- Content Standards
The content standards set out in this section (the “Content Standards”) apply to any and all material which You contribute to Our Website or any interactive services associated with it, and to any Website in which Our Website is linked to (a “Contribution”).
The standards apply to each part of any Contribution as well as to its whole.
BEOTYSHOW will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
1. Be accurate (where it states facts)
2. Be genuinely held (where it states opinions)
3. Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
1. Be defamatory of any person
2. Be obscene, offensive, hateful or inflammatory
3. Bully, insult, intimidate or humiliate
4. Promote or include sexually explicit material
5. Promote violence
6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
7. Infringe any copyright, database right or trade mark of any other person
8. Be likely to deceive any person
9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
10. Promote any illegal content or activity
11. Be in contempt of court
12. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
13. Be likely to harass, upset, embarrass, alarm or annoy any other person
14. Impersonate any person or misrepresent Your identity or affiliation with any person
15. Give the impression that the Contribution emanates from Belstaff, if this is not the case
16. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse
17. Contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
18. Contain any advertising or promote any services or web links to other sites.
THE CONTRACT AND CONTRACT CANCELLATION
The offer of goods on this Website or the acknowledgement of having received Your request for an order does not amount to a contractual offer on Our part. Acceptance of Your order and the implied contractual offer will be confirmed by Us via email once We dispatch Your order in part or full. The acceptance of Your order will only pertain to the goods named within the email confirming dispatch of Your goods. We reserve the right not to accept Your order, entirely or partially, for any commercial reason whatsoever.
OUR RIGHTS TO END THE CONTRACT
We may end the contract for the goods at any time by writing to You if:
1. You do not make any payment to Us when it is due;
2. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the goods; or
3. You do not, within a reasonable time, allow Us to deliver the goods to You or collect them from Us.
If We end the contract in the situations set out in this clause We will refund any money You have paid in advance for goods We have not provided.
YOUR RIGHTS TO END THE CONTRACT
If You are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and We will refund You in full for any goods which have not been provided. The reasons are:
1. We have told You about an upcoming change to the goods or these terms which You do not agree to;
2. We have told You about an error in the price or description of the goods You have ordered and You do not wish to proceed;
3. There is a risk that supply of the goods may be significantly delayed because of events outside Our control;
4. We have suspended supply of the good, or notified You that We are going to suspend them; or
5. You have a legal right to end the contract because of something we have done wrong.
We may charge You compensation for the net costs we incur as a result of Your breaking the contract.
The content included in the Website may contain technical inaccuracies or typographical errors. BEOTYSHOW assumes no liability for the accuracy and/or fitness for particular purposes of any information and elements contained in the Website. By furnishing the information and elements contained in the Website, BEOTYSHOW grants no licenses to any copyrights, trademark rights or any other intellectual property rights on the information and elements contained in the Website.
In no event will BEOTYSHOW be liable to any party for any direct, indirect, special or other consequential damages for any use of the Website or any other hyper-linked Websites, including, without limitation, damages such as loss of profits or sales, interruption of business or professional activity, the loss of programs or other data, of whatever nature, on the user's information processing system even if BEOTYSHOW is made expressly aware of the possibility of such damages.
BREACH OF THESE TERMS
We will determine, in Our discretion, whether there has been a breach of these Terms through Your use of Our Website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
We exclude liability for Our actions taken in response to breaches of these Terms.
You agree to fully indemnify, defend and hold BEOTYSHOW, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your personal information.
You agree to fully indemnify, defend and hold Us, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions of Sale by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your personal information.
GOVERNING LAW AND JURISDICTION
These Terms, and the use of the Website itself, shall be exclusively governed by the law of Hong Kong. Any disputes concerning the interpretation and execution of these Terms, or the use of the Website itself, shall be referred exclusively to the courts of Hong Kong.
The effective date of these terms and conditions of Website use is 10th December 2021.