TERM OF USE
This website, mobile application or social media platform (“Site”) is operated by TRAUMHAUS. Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy, Cookies and Data Protection Policy (collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.
REPRESENTATIONS & WARRANTIES
You hereby declare that: you have read and accepted the Web Terms in its entirety; you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either; accessing this Site, using the Services and contracting in your own personal capacity; or accessing this Site, using the Services and contracting on behalf of a corporation or another legal entity. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and all of the information provided by you to TRAUMHAUS (including personal particulars and contact information) is accurate and complete.
SITE AND SERVICES
The Site is owned and maintained by TRAUMHAUS. TRAUMHAUS may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”): online ordering of Products access to Content search engines or tools a platform to create, upload and publicly make User Content available product reviews and catalogs; message boards; forums; blogs; and communication tools any other features, content or applications that TRAUMHAUS may offer on the Site from time to time in its sole and absolute discretion. You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will agree to the Web Terms.
CONTENT USE CONDITIONS
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or have any access to: any Service the Site any TRAUMHAUS Content except with prior written consent from TRAUMHAUS or unless expressly permitted in these Web Terms any User Content except with prior written consent from TRAUMHAUS and the owner of the specific User Content, unless you are the sole owner of said User Content. You agree not to reproduce, display or otherwise provide access to the Services, TRAUMHAUS Content, or Third Party User Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of TRAUMHAUS. All TRAUMHAUS Content are the copyrighted work of TRAUMHAUS or its content or software providers. TRAUMHAUS reserves and retains all rights to its Content. Use of some TRAUMHAUS Content may be governed by the terms of an accompanying end user license agreement. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any TRAUMHAUS Content available on the Site or through a Service except under specific circumstances expressed and permitted by law or by TRAUMHAUS in writing.
PASSWORD & ACCOUNT
TRAUMHAUS may require you to register an online account (“Account”) to enable you to access and use certain parts of this Site or access certain Services. You agree that your Account is for your sole, personal use. You agree not to: share with or permit others to use your Account assign or otherwise transfer your Account to any other person or entity use your Account for commercial purposes You shall provide TRAUMHAUS with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You will keep your Account information updated at all times to ensure it is accurate, current and complete. As part of the Account registration process, you will select a password (“Password”) and user identification (“User ID”). You may not: select or use a User ID of another person with the intent to impersonate that person use a name that belongs to another person without authorisation use a User ID that TRAUMHAUS, in its sole discretion, deems inappropriate or offensive. You shall promptly notify TRAUMHAUS of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You will be responsible for safeguarding and maintaining the confidentiality of your User ID and Password. You will be responsible for, and TRAUMHAUS shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you. You will be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password. TRAUMHAUS shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password. You agree that TRAUMHAUS reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. TRAUMHAUS shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
USE OF ACCOUNT INFORMATION
SUSPENSION AND TERMINATION OF ACCOUNT
You agree that TRAUMHAUS has the right in its sole and absolute discretion and without notice to: restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason without prejudice to the generality of the above, TRAUMHAUS reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any terms in this Agreement or if TRAUMHAUS believes you have been using the Account for unlawful and/or undesirable activities. You agree not to hold TRAUMHAUS liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your Account.
The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all TRAUMHAUS Content, including, and without limitation, User Content copyright, shall remain with TRAUMHAUS. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by TRAUMHAUS. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by TRAUMHAUS. The Marks displayed on this Site are the property of TRAUMHAUS or other third parties, and all rights to the Marks are expressly reserved by TRAUMHAUS or relevant third parties. You are not permitted to use any Marks without the prior written consent of TRAUMHAUS or such third party. TRAUMHAUS aggressively enforces their intellectual property rights to the fullest extent of the law. The name of TRAUMHAUS or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from TRAUMHAUS. The domain name on which the Site is hosted on is the sole property of TRAUMHAUS and you may not use, or otherwise adopt a similar name for your own use.
You hereby agree: to comply with these Web Terms, and other notices or guidelines that may be posted on the Site by TRAUMHAUS from time to time (which shall be incorporated by reference into these Web Terms); not to use any Service or TRAUMHAUS Content for any unlawful purpose, and to comply with all applicable laws and regulations, including and without limitation to copyright law not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair how the Site, Services or Servers work. This includes denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming not to use the Account of another user at any time, with or without his/her permission.
USER CONTENT & LICENCE
You agree to exercise respect and to act reasonably when participating in any community feature as part of the Services which allows you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others. You may not submit, upload or publish on the Site or through TRAUMHAUS: any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or third party rights, or would otherwise encourage the violation of any law or the proprietary or any other third party rights any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”). If, at any time you upload or post User Content to the Site you automatically: grant TRAUMHAUS and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers represent and warrant that: all User Content are your own original works and creations and will not infringe the copyright or any other intellectual property or other rights of any third party none of the User Content are proprietary or confidential none of the User Content are Improper Works, nor will they expose TRAUMHAUS to any civil or criminal proceedings in any part of the world the use of TRAUMHAUS and other users for the purposes, and the hosting of the User Content on the Servers by TRAUMHAUS will not require any further licences from, or infringe any intellectual property or other rights of, any third party without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”). TRAUMHAUS at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, TRAUMHAUS may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which TRAUMHAUS believes are Improper Works, or which is the subject of any dispute. You agree to indemnify and hold TRAUMHAUS and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services. The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms, and subject to TRAUMHAUS’s rights in the compilation of all User Content.
DISCLAIMERS & LIMITATIONS
While we make every effort to ensure that all TRAUMHAUS Content displayed on the Site is accurate and complete, we provide the TRAUMHAUS Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TRAUMHAUS disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, TRAUMHAUS does not warrant that the functions contained in or access to the Site, Services, TRAUMHAUS Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, TRAUMHAUS Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any TRAUMHAUS Content in or with any Computer will not affect the functionality or performance of the Computer. TRAUMHAUS does not warrant or make any representations regarding the use or the results from the use of TRAUMHAUS Content, Services, Site or Servers in terms of their accuracy, completeness, reliability, or otherwise. You (and not TRAUMHAUS) will assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold TRAUMHAUS liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of TRAUMHAUS. The data and information made available on the Site are of a general nature and do not mean, and shall not in any way constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. TRAUMHAUS does not sponsor, endorse or promote any products, services or information. You acknowledge that it is not TRAUMHAUS’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that TRAUMHAUS does not endorse and shall not be responsible for any such content. You acknowledge and agree that TRAUMHAUS does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and TRAUMHAUS hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites. You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. TRAUMHAUS shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance. You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion. You agree that: TRAUMHAUS shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and in any such an event, TRAUMHAUS shall not be liable for any loss, liability or damage which may be incurred as a result In no event shall TRAUMHAUS be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the TRAUMHAUS Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that TRAUMHAUS is found to be liable for damages despite the foregoing provision, you agree that TRAUMHAUS’s aggregate liability to you for any and all causes of action in relation to the TRAUMHAUS Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to TRAUMHAUS for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Terms and Conditions of Sale. Under no circumstances, including, but not limited to negligence, shall TRAUMHAUS be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the TRAUMHAUS Content, Services, Third Party Products, Site, or any other website, even if TRAUMHAUS authorised representative has been advised of, or should have foreseen, the possibility of such damages. You agree that the above exclusions and limitations of liability enable the Services and the TRAUMHAUS
Content may be provided at a reasonable cost to you.
TRAUMHAUS may provide links to Linked Sites that may be of relevance and interest to our users. TRAUMHAUS has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites. TRAUMHAUS does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.
DATA USE & PRIVACY
Please do not submit any personal information or data without first reading our Privacy, Cookies and Data Protection Policy which explains our data use and privacy practices in detail.
You agree that TRAUMHAUS has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
NOTIFICATION OF INFRINGEMENT
TRAUMHAUS reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect to TRAUMHAUS Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify TRAUMHAUS in writing immediately (“Infringement Notice”). All Infringement Notices shall be sent to TRAUMHAUS in the following format: firstname.lastname@example.org TRAUMHAUS will, in response to all Infringement Notices submitted in the above manner, undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against TRAUMHAUS in respect to any Infringing Material, unless you have first given TRAUMHAUS the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter TRAUMHAUS refuses or fails to remove the Infringing Material within a reasonable time. If TRAUMHAUS removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against TRAUMHAUS under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by TRAUMHAUS. You acknowledge and agree that TRAUMHAUS has no control and cannot undertake responsibility or liability in respect to Infringing Material appearing on Linked Sites or other third party sites.
This Site is operated by TRAUMHAUS in Hong Kong. TRAUMHAUS makes no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location can do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify and hold TRAUMHAUS, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that TRAUMHAUS, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of: any use of the Site or any Site your connection to the Site your breach of any terms and conditions of these Web Terms your violation of any rights of another person or entity your breach of any statutory requirement, duty or law
TRAUMHAUS reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. TRAUMHAUS may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability. TRAUMHAUS may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.
If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
RELATIONSHIP OF PARTIES
Nothing in these Web Terms shall constitute or be considered to constitute as an agency, partnership or joint venture between TRAUMHAUS and you. Neither party shall have any authority to bind the other in any way.
No waiver of any rights or remedies by TRAUMHAUS shall be effective unless made in writing and signed by an authorised representative of TRAUMHAUS. A failure by TRAUMHAUS to exercise or enforce any rights conferred upon it by these Web Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below). This is provided that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event ceases or abates. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. These include, industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
RIGHTS OF THIRD PARTIES
A person, or entity, who is not a party to this Agreement shall have no right under the Contracts to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
GOVERNING LAW & JURISDICTION
These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any principles of conflicts of law. You hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts.
If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at email@example.com.
TERMS AND CONDITIONS OF USE
LINKS Definitions Application & Effect Order, Price & Payment Product availability and Descriptions Title and Risk Order Delivery and Cancellation Acceptance of Products Controls and Restrictions No Warranties Exclusion & Limitation of Liability Force Majeure Amendment Assignment No Waiver Illegality Rights of Third Parties Governing Law & Jurisdiction
Under these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires: Buyer means the person or legal entity identified in the Order as the purchaser of the Products. TRAUMHAUS Product means a Product selling and bearing the TRAUMHAUS trade mark for which TRAUMHAUS invites Orders in accordance with these Conditions. Conditions means these Terms and Conditions of Sale. Contract means a contract for sale between TRAUMHAUS and the Buyer of the Products formed. Force Majeure Event means any event or circumstance that TRAUMHAUS could not reasonably prevent or avoid, including: explosion, fire, flood, war, earthquake, storm or other natural disasters war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving TRAUMHAUS employees or any other person) telecommunication, network or Internet disruptions or interruptions we collect it by other lawful means Online Payment means payment by any one or more of the following payment modes as may be designated by TRAUMHAUS from time to time. These include credit card, debit card, charge card, PayPal, online banking, online store credit, and other designated payment modes. Online Store means the TRAUMHAUS online store currently accessible at https://www.traumhaus.com.hk. Order means an online order placed via the Online Store by a TRAUMHAUS Buyer for the Products in accordance with these Conditions. Parties mean TRAUMHAUS and the Buyer. “Party” means any one of them. Payment Processing Company means the applicable payment or card processing entity for the relevant Online Payment mode. Product means a TRAUMHAUS Product or Third Party Product listed at the Online Store for which TRAUMHAUS invites Orders in accordance with these Conditions. Third Party Product means a Product which is not a TRAUMHAUS Product for which TRAUMHAUS invites Orders in accordance with these Conditions. Words using the singular or plural number also include the plural or singular number. Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company. The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions. A reference to the word “include” or “including” shall not be construed as having any limiting effect.
APPLICATION AND EFFECT
These Conditions shall govern the sale of the Products listed at the Online Store by TRAUMHAUS to the Buyer, save where Buyer has signed a separate purchase agreement with TRAUMHAUS, in which case the terms and conditions of the separate agreement shall govern. By ordering the Products or accepting delivery of the Products described on the invoice, the Buyer agrees to be bound by and is deemed to have accepted these Conditions.
ORDERS, PRICE AND PAYMENT
PRODUCT AVAILABILITY AND DESCRIPTIONS
Products displayed on the Online Store are subject to availability. Products may also be available in selected TRAUMHAUS stores internationally whilst stocks last. In some cases, Products displayed for sale on the Online Store may not be available in TRAUMHAUS stores or vice versa. TRAUMHAUS has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes given on the Online Store are approximate only. All Products displayed for sale on this Site are constructed of man-made materials unless otherwise stated.
TITLE AND RISK
Risk in the Products shall pass to the Buyer upon our delivery of the Products to the carrier. Title in the Products shall not pass to Buyer until receipt by TRAUMHAUS of full and final payment for the Products and delivery of the Products to Buyer.
ORDER DELIVERY AND CANCELLATION
The Buyer shall state in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products. Where the delivery option is selected: TRAUMHAUS shall deliver the Products to the place of delivery as may be stated by the Buyer and agreed to by TRAUMHAUS. If no one is available at the delivery address to receive the Products, TRAUMHAUS’s delivery agent will leave an “unable to deliver” card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products. The Buyer shall bear and pay to TRAUMHAUS: the Delivery and Shipment Charges the delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any Product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these Conditions, or where any delivery to the Buyer is unsuccessful for any reason. Please read our latest Delivery Terms for local and international deliveries, which shall apply to the Contract. Where the option is made available by TRAUMHAUS, and the Buyer opts for self-collection of the Products, the Buyer shall collect the Products at an address designated by TRAUMHAUS. TRAUMHAUS is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or the recipient of the Products. There may be an administrative fee payable by the Buyer for any changes in delivery address for each Order. The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package. TRAUMHAUS shall not be liable for any loss or damage thereby caused. All custom declarations will be completed in English. Any shipment, delivery or collection dates provided by TRAUMHAUS are estimates only and shall not form part of the Contract. TRAUMHAUS shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If the Buyer’s Order has not been delivered within a reasonable time, the Buyer should contact TRAUMHAUS at: firstname.lastname@example.org. TRAUMHAUS reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to: change its prices or specifications of any Product deliver a Product which is similar to the Product ordered with minor differences (each a “Substitute Product”). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product. An Order may be cancelled by the Buyer prior to payment for the Products by Buyer, provided always that: the Buyer must contact TRAUMHAUS to request TRAUMHAUS for cancellation immediately. TRAUMHAUS will endeavour to accommodate the Buyer’s request, if the Order has not been processed the Buyer shall pay any cancellation fees which may be imposed by TRAUMHAUS. If an Order has already been processed, no cancellation or refund will be permitted. The Buyer acknowledges that TRAUMHAUS ‘s liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products. The Buyer further acknowledges that TRAUMHAUS retains absolute discretion as to the order of priorities in which any Products are delivered to TRAUMHAUS’s customers. TRAUMHAUS shall deliver the Products in full payment for the entire Order. TRAUMHAUS reserves the right to make only partial delivery of an Order. If only part of the Order can be shipped, TRAUMHAUS will use reasonable efforts to contact the Buyer to select replacements. If the Buyer cannot be contacted, TRAUMHAUS will reject the entire Order.
ACCEPTANCE OF PRODUCTS
TRAUMHAUS perform stringent checks on the Products prior to shipment to the courier company. TRAUMHAUS reserves the right to refuse any return or replacement of a Product being delivered and received by Buyer. Return Policy is not applicable to TRAUMHAUS. CONTROLS AND RESTRICTIONS Certain territories impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring all Products in the Order are and will be compliant with such requirements at their own cost. If requested, TRAUMHAUS will use reasonable commercial efforts to attempt to deliver the Order to the Buyer by providing supporting documents to the relevant authorities. TRAUMHAUS shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements, or which is intercepted by any government or regulatory authorities. The Buyer shall be responsible for all (i) shipping charges for both the delivery and the return of the Order, (ii) charges, duties, taxes or penalties imposed upon TRAUMHAUS by the authorities in either the delivery or shipping destination, (iii) reasonable administration fee for all Orders which are unable to be delivered due to any regulatory requirements and restrictions on Products not being met after the reasonable commercial efforts of TRAUMHAUS.
TRAUMHAUS makes no warranty in respect to any TRAUMHAUS Product, expressed or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose. TRAUMHAUS makes no representations or warranties of any kind in respect of any Third Party Products, and all warranties expressed or implied in respect to Third Party Products, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.
EXCLUSION & LIMITATION OF LIABILITY
In no event shall TRAUMHAUS be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if TRAUMHAUS has been advised of the possibility of such loss or damage. If any service (including but not limited to installation of any Product) is performed by any third party, TRAUMHAUS shall not be liable for any act, neglect, omission or willful default of such third party, regardless of whether such third party is authorised by TRAUMHAUS. The total liability of TRAUMHAUS to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by TRAUMHAUS shall not in any event exceed the price of the Product giving rise to such claims. Nothing in these Conditions shall limit or exclude TRAUMHAUS’s liability for death or personal injury caused by TRAUMHAUS’s negligence.
TRAUMHAUS shall not be liable for or be considered to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by a Force Majeure Event. TRAUMHAUS shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Contract by reason of any such delay or failure. In the event that any Force Majeure Event results in a shortage of Products, TRAUMHAUS shall be entitled to allocate its available stock of the Products among its customers in such a manner that TRAUMHAUS may consider equitable and may make partial deliveries of any Products to the Buyer.
TRAUMHAUS reserves the right to amend these Conditions without prior written notice, at TRAUMHAUS’s sole discretion, by posting a copy of the amended Conditions at the Online Store. Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by TRAUMHAUS.
The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of TRAUMHAUS. Any such unauthorised assignment shall be deemed null and void.
No failure on the part of TRAUMHAUS to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof. Nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on TRAUMHAUS, unless otherwise agreed in a written agreement signed by Buyer and TRAUMHAUS. Any failure by TRAUMHAUS to object shall not be considered a waiver of these Conditions.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
RIGHTS OF THIRD PARTIES
A person or entity who is not a Party to the Contract shall have no right under the Contracts to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
GOVERNING LAW AND JURISDICTION
These Conditions shall be construed in accordance with, and governed by the laws of Hong Kong, without giving effect to any principles of conflicts of law. The Parties hereby submit to the exclusive jurisdiction of the Hong Kong courts.
TERMS AND CONDITIONS FOR BULK ORDERS
Definitions used: “Bulk Order” means orders placed on the Site which are in aggregate of a quantity of 10 or more items, or in aggregate of a value exceeding HK$8000, which are delivered to the same delivery address, within a reasonable period. Each such order will be considered a “Bulk Order”. By confirming the Bulk Order and TRAUMHAUS fulfilling the Bulk Order, you are considered to have agreed to these Terms and Conditions for Bulk Orders in its entirety without modification. TRAUMHAUS reserves the right to amend these Terms and Conditions for Bulk Orders without prior written notice, at TRAUMHAUS’s sole discretion, by posting a copy of the amended Terms and Conditions for Bulk Orders at the Online Store You agree that you shall not advertise, offer for retail sale, resale, distribution or export any of the Products purchased through the Bulk Order. You shall not advertise any relationship or connection with TRAUMHAUS. Our fulfilment of the Bulk Order does not grant you any “distributorship”, “authorized purchaser” or any such similar status with TRAUMHAUS. All Bulk Orders are subject to TRAUMHAUS’s online security screening. You may be contacted via email/phone to provide additional information required by TRAUMHAUS’s online security team. You will incur an administrative charge if you cancel or amend the Bulk Order after confirmation. TRAUMHAUS reserves the right to limit quantities of the Products sold and may discontinue accepting orders for any Product at any time. TRAUMHAUS reserves the right to accept or reject Bulk Orders in any combination or option(s) it determines to be in its best interest. TRAUMHAUS reserves the right to either process the Bulk Order partially and make refunds, or reject the Bulk Order in its entirety. Due to the larger volume ordered, delivery and/or processing period of the Bulk Order may take longer than individual orders. Bulk Orders are not eligible for refund or exchange. We perform stringent checks on the Products prior to shipment to the courier company. TRAUMHAUS retail stores and the Site are the official channels for sale of the Products. TRAUMHAUS shall not be responsible for any Products sold by unauthorised resellers. Please refer to Store Locator for our store location. For International Delivery Outside of Hong Kong, prices of the Products shown on the Site are not inclusive of any applicable duties and taxes to the designated delivery destination. You will be solely responsible to pay all applicable duties and taxes which may be imposed on the Products (where applicable). You may be subject to prepayment of the applicable duties and taxes (where applicable). In any event, if applicable duties and taxes are not collected during the prepayment, you will be liable to make payment to the customs broker during the delivery to the destination territory/address. You are advised to check with the local customs office of the delivery destination for more details on the applicable duties and taxes for the Products and any other payments required to be made to the payment to the customs broker. The authorities in the delivery destination may require you to provide certain licenses, permits, documentation before the Bulk Order may be released to you. It shall be your sole responsibility to provide such documentation. In the event the Bulk Order is unable to be released to you due to your inability to provide such documentation, TRAUMHAUS shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery. Customs and import regulations or other regulations imposed by authorities in the delivery destination may impose certain restrictions on goods being imported. Such restrictions may include restrictions on certain materials used on the Products or limits on quantity. We will be unable to determine at the confirmation of your Bulk Order whether such regulations exist and/or may affect delivery of the Bulk Order. Under such circumstances, TRAUMHAUS will use reasonable commercial efforts to attempt to deliver the Bulk Order to you by providing supporting documents to the relevant authorities. You are responsible for ensuring that the ordered Products comply with import requirements in the delivery destination and are strongly advised to understand the delivery destination’s customs and import regulations before placing the Bulk Order. In the event the Bulk Order is unable to be released to you due to the failure to address such restrictions, TRAUMHAUS shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery.