Terms of Purchase
In addition to the Terms of Use listed on the www.Bouclier.co website, which governs your use of this website (the “Website”), these Terms of Purchase (the “TOP”) govern any order or purchase you (the individual completing this order, “you”) make on the Website operated by Atelier Bouclier (“Bouclier” or “Atelier Bouclier” or “we”), or any order with or purchase from Bouclier via telephone or digital telephony ("Telephone Sale"). By proceeding to place an order and accepting these TOP, you agree to be bound by these Terms of Purchase. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.
1. ORDERING PROCESS
All product listings on the Website are invitations to purchase or commission a piece and not offers to sell. Bouclier reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted, and/or once the payment for the order has been made.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order, which is an offer to purchase, has been received by Bouclier but does not constitute acceptance of your offer to purchase. Bouclier reserves the right at any time after receipt of your order and/or payment to accept or decline your order for any reason and will contact you at the e-mail address you provided in the order form regarding its decision to accept or reject your order. In the event that Bouclier rejects the order, Bouclier will have no obligation to fulfill your order and you will have no obligation to pay Bouclier for the order. If payment has been made, Bouclier will contact you and refund the entire amount paid.
2. AVAILABILITY
The purchase of products is subject to availability. In the event that Bouclier advises you that such products are not available, Bouclier will have no obligation to fulfill your order and you will have no obligation to pay Bouclier for the order. If payment has been made, Bouclier will contact you and refund the entire amount paid.
In the event Bouclier is unable to ship the product to you or your designated recipient for any reason (including that your purchase has violated the "Restrictions" policy in Section 13 below), Bouclier will contact you and refund the entire amount paid. You agree that in the event the product(s) cannot be shipped to you (for any reason), save for the obligation to refund all amounts paid, Bouclier shall not be liable to you in respect of any compensation or damages.
3. PRICE
You agree to pay Bouclier the amount set out as the “Total” in your order summary as part of the “Payment” step in addition to any shipping charges that may be due, unless you as the recipient choose to bear the shipping charge via an account you may have with a courier (together the “Total Fee”). The Total is quoted and settled in Hong Kong dollars.
It is possible that, despite taking all reasonable care, some of the products on the Website may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, particularly because our products are typically made to order and our materials prices can increase without notice, we will contact you for your instructions before we accept your order at the correct price. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error, we are under no obligation to provide the product to you at the incorrect (lower) price, and we may refund to you any sums you have paid and require the return of any products provided to you.
4. METHODS OF PAYMENT
We may, in our absolute discretion, reject any order or cancel any previously accepted order, including but not limited to situations where we suspect a risk of fraud based on purchase or payment patterns associated with your credit card or where we are unable to fulfil your order for any reason.
You may pay for your purchase in Hong Kong dollars using a valid payment, including VISA, MasterCard, Alipay, Apple Pay, Paypal, FPS or bank transfer or such other means that Bouclier may be available for use from time to time.
We price in Hong Kong dollars and we do not provide any currency exchange services. Depending on your location and the payment method you use, your payment intermediary, bank or credit card issuer may convert the Total Fee or your purchase amount to your local currency. You acknowledge and agree that this may result in additional fees being charged to you by your payment intermediary, bank or credit card (such as foreign currency/transaction fees, currency exchange fees and so on) as a result of your purchase. Please make enquiries of your own payment intermediary, bank or credit card issuer for the additional fees that they charge. If your card is rejected by the card issuer, your order will not be shipped and Bouclier will have no obligation to fulfill your order.
5. SHIPMENT
Your order will be shipped to the delivery address specified by you during the order process. Bouclier is not responsible for any loss of the products following shipment from Bouclier’s or its agents’ facilities to your delivery address. For the avoidance of doubt, once your packed product leaves the hands of Bouclier, responsibility transfers you.
If the recipient you specified is not you yourself, before confirming the order, please make sure that the recipient has agreed to Bouclier’s collection, processing and use of his/her personal information, including his/her name, address and telephone number, and has agreed to the transfer of his/her personal information to Bouclier and any shipper that Bouclier opts to use, in its discretion, for the purpose of supplying the goods, in accordance with Bouclier's Privacy Policy which can be found at https://www.bouclier.co/privacy. You hereby undertake and warrant that you will not specify a third-party as the recipient of your order unless s/he has agreed to allow Bouclier to collect, process, use and transfer (including internationally) his/her personal information in accordance with Bouclier's Privacy Policy. You will indemnify and hold Bouclier harmless against all liabilities, costs, expenses, damages and losses including but not limited to all interest, penalties and legal costs (calculated on a full indemnity basis) suffered or incurred by Bouclier arising out of or in connection with your breach of the foregoing undertaking and warranties.
Delivery may be unavoidably delayed due to severe weather, natural disasters, other acts of god or government and other conditions beyond our control. We will endeavour to contact you to rearrange the dispatch of all orders as soon as any such situation resolves.
6. RETURNS AND REFUNDS
Please see the Bouclier policy on returns and refunds at https://www.bouclier.co/returns-refunds.
All returns and refunds will be determined at Bouclier's sole discretion.
7. PASSWORDS
You are responsible for the security of your account and password if you create one. Bouclier will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.
8. PRIVACY
Bouclier’s personal information practices on the Website and for Telephone Sales are governed by Bouclier’s Privacy Policy which can be found at https://www.bouclier.co/privacy. Please review the Privacy Policy and print a copy for your records.
9. CHANGES TO TERMS OF PURCHASE
Bouclier may at any time modify these TOP in its sole discretion without prior notice, and will post a copy of the amended version at https://www.bouclier.co/terms-of-purchase.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable laws, in no event will Bouclier be liable for any indirect, general, special, incidental, consequential, punitive or aggravated damages or lost profits, or any other damages of any kind, arising out of or in connection with any products purchased on this Website or their use or misuse, whether or not arising from breach of contract, tort (including negligence), civil liability or otherwise, even if it has been advised of the possibility of such damages. This exclusion of liability will apply notwithstanding the breach of a fundamental term or condition of this TOP or any fundamental breach of these TOP by Bouclier.
To the maximum extent permitted by applicable laws, Bouclier’s total liability to you for all losses, damages, injury and causes of action arising out of or in connection with any products purchased on this Website or via Telephone Sale or other means and any use made thereof will be limited to all fees paid by you to Bouclier hereunder for the purchase of such products.
11. APPLICABLE LAW
These Terms of Purchase will be governed by the laws of Hong Kong SAR. The courts of Hong Kong SAR shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these TOP, your use of the Website, or a purchase made on the Website or via Telephone Sale or via any other means.
12. GENERAL
Except for the Terms of Use at https://www.bouclier.co/terms-conditions, which govern your use of the Website / Telephone Sales, these TOP along with your purchase order/invoice, if any, are the entire agreement between you and Bouclier with respect to any purchase made by you on the Website / by Telephone or other means and supersede all previous agreements, understandings and representations relating thereto. No failure by Bouclier to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, regardless of whether any such waiver(s) are in writing or oral. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these TOP or any part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these TOP, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Bouclier will not be liable for any delay or failure to perform any of its obligations under these TOP if such delay or failure is due to causes beyond its control. You may not assign these TOP to any third party without the prior written consent of Bouclier. These TOP will be binding upon and will inure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Bouclier and it successors and assigns. In the event of an inconsistency between the Terms of Use and these TOP, the wording in these TOP shall prevail.
13. RESTRICTIONS
The products are sold exclusively to end customers, i.e. individual consumers for their personal use or for the purposes of gifting. Any commercial reselling activity and in particular any resellers or intermediaries acting in the name and on behalf of resellers is forbidden.