TERMS & CONDITIONS

Last Updated: 8 February 2024

This website is operated by IZSEL Limited (“IZSEL”). Throughout the site, the terms “we”, “us” and “our” refer to IZSEL. IZSEL offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices (“Terms and Conditions” or “Terms”) stated here.

Access to our website and all purchases of products or services from our website are subject to the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink and you agree to be bound by the Terms and Conditions whenever you use our website. By using our website, whether to place orders for our Products, leave product reviews or messages, or use our search engine, you engage in our “Service”. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all these Terms and Conditions, then you may not access the website or use any Service provided by us. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. All rights not expressly granted by these Terms and Conditions are reserved by IZSEL.

Any new features or tools which are added to the current store shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.

Links to Relevant Sections

• Online Store Terms
• General Conditions
• Accuracy, Completeness and Timeliness of Information
• Modifications to the Service and Prices
• Products
• Your Account
• Orders & Payments
• Delivery
• Accuracy of Billing and Account Information
• Optional Tools
• Third-Party Links
• User Comments, Feedback and Other Submissions
• Personal Information
• Errors, Inaccuracies and Omissions
• Prohibited Uses
• Disclaimer of Warranties; Limitation of Liability
• Indemnification
• Severability
• Termination
• Entire Agreement
• Governing Law
• Changes to Terms of Service
• Contact Information

1. ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you have at least attained the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this website.

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

You may not use our products for any illegal or unauthorized purpose nor may you, by using the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature to our website.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of Service to you.

2. GENERAL CONDITIONS

We reserve the right to refuse to provide the Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during such transfers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect them.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or any product designs.

5. PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

The images of the products on our site are for illustrative purposes only. We try to be accurate as reasonably possible in our descriptions of products available for purchase through the website. However, our products may vary slightly from the images shown on our website. Colours may appear slightly different due to studio lighting conditions, or variances in computer screen calibration so we cannot guarantee that your computer monitor's display of any colour will be accurate.

We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the site are accurate, complete, reliable, current, or error-free.

Minor variations in measurement (within 1 inch) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate. If you believe you have received a defective item, at  orders@izsel.com with your order number, and a photograph of the suspected defect.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. YOUR ACCOUNT

Before using our Services, you must register with our site and create an account. To register for an account, you must provide us with certain information to complete our know your customer “KYC” processes. You acknowledge and accept that information provided by you may be checked and/or verified by us or a third party appointed by us.

You warrant, represent and undertake that all information that provide to us (or on your behalf) is complete and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If any information provided to us is incomplete, inaccurate, out-of-date or has been misrepresented, we reserves the right, without liability to you and without prejudice to any other rights or remedies we may have under the ToCs  or otherwise, to terminate or suspend your account.

Depending on the restrictions set for each account, your account profile can be used to manage account settings and preferences, to make, create, cancel or otherwise manage orders, and/or see your order history. You are solely responsible for reconciling the information in your account profile and for identifying any errors.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our site and, in the event of any such unauthorised access or use, you shall immediately notify us in writing.

If at any time while using the Services, you become aware that any information or activity in your account is incorrect you shall immediately notify us in writing. We accept no liability for any damage or loss caused by: (i) your failure to inform us of any suspected errors or inconsistencies in relation to your account; (ii) errors or omissions in any information, instructions or scripts provided to us in connection with the Services; or (iii) any actions taken by us at your direction.

7. ORDERS & PAYMENTS

You may place an order with us by completing and submitting the order form on the website. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and you shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.

We reserve the right to accept or decline any and all orders received from or through the site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms and Conditions (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the Order number whenever you contact us about your Order.

If we are unable to process your Order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because your preferred method of payment has been declined by the issuer, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

The price payable by you for the product shall be the price of the product listed for sale as stated on our website at the time your Order is transmitted to us through the site, and any applicable taxes. All prices are subject to GST or sales taxes in jurisdictions where our products are taxable, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment at the moment your Order was placed as all unpaid orders will be cancelled automatically after one hour. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the product's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we deliver your Order.

We accept all major credit cards and PayPal.

If you believe you have received the wrong item, please contact us at orders@izsel.com with your Order number, and a photograph of the item. We may ask you to proceed with sending your item back to us, for which your postage will be reimbursed. The maximum refund for shipping/postage costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 7-21 days at one cost but you choose to have the product delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

Please note that returned items must be unworn, unwashed, unaltered, and with its tags intact. If the correct item is no longer in-stock, store credit or refund will be issued instead. For all other information about returning items, please refer to our Returns Policy.

Do keep in mind that the product in any Order will be your responsibility from the time we deliver the product to the address you provided us. You own the product which is the subject of your Order once we have received payment in full for your Order.

8. DELIVERY

The cost of delivery of your Order will be displayed to you on our Site. We offer international shipping and you may refer to our Shipping Policy for more details.

Orders are processed and dispatched from our warehouse to our local delivery partner within an estimated 2 working days. Our local delivery partner shall deliver the product to the address specified in your Order. Any delivery dates stated during the order process are estimates only.

If delivery of your product is delayed, we will inform you accordingly and the product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.

9. ACCURACY OF BILLING

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

For more detail, please review our Returns Policy.

10. OPTIONAL TOOLS

We may provide you with access to third party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

11. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you contribute to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party using your account.

13. PERSONAL INFORMATION

Your submission and our use of personal information on the website is governed by our Privacy Policy.

14. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or our website for violating any of the prohibited uses.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Service or our website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

You agree that from time to time we may suspend the website for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the website is at your sole risk. The Service and all products and services delivered to you through the website 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.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-

• life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to IZSEL;
• improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
• third party claims, whether directly or indirectly caused by, or relating to, the content of our website and the products purchased on or through our website; and
• any warranties provided under these Terms and Conditions if the total price for the product has not been paid in cleared funds by the due date for payment.

In no case shall IZSEL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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 the Service or any products procured using the website, or for any other claim related in any way to your use of the website 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 website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Otherwise our total liability to you for all other losses arising under or in connection with any Order you place with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless IZSEL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or any documents they incorporate by reference, or your violation of any law or the rights of any third party.

18. SEVERABILITY

In the event that any of these Terms and Conditions is determined to be unlawful, void or unenforceable, such Term shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining Terms and Conditions.

19. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website, or when you cease using it.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms and Conditions, we also may terminate them at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).

20. ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any rights provided under these Terms and Conditions shall not constitute a waiver of such rights.

These Terms and Conditions and any policies or operating rules posted by us on our website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against us as the drafting party.

21. GOVERNING LAW AND DISPUTES

These Terms and Conditions and any separate agreements whereby we provide you with products and/or services shall be governed by and construed in accordance with the laws of Hong Kong. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and IZSEL or IZSEL’s employees, agents, successors, or assigns, shall exclusively be settled through arbitration, except that you or IZSEL may take claims to small claims court in Hong Kong if the dispute qualifies for hearing by that court. The arbitral authority shall be the Hong Kong International Arbitration Centre (“HKIAC”) and the arbitration proceeding shall be conducted in accordance with the HKIAC administered arbitration rules in force when the Notice of Arbitration is submitted (“Rules”). The arbitration shall be conducted by a single arbitrator appointed in accordance with the Rules. The place of the arbitration shall be Hong Kong. The language of the arbitration shall be English.  The arbitral award shall be final and binding on the parties and shall be enforced in accordance with its terms. The arbitral award may be enforced by any party by application to any court having jurisdiction. To the extent permitted by applicable laws, the parties hereby waive all rights to set aside or resist enforcement of such an award. The costs of the arbitration shall be borne by the losing party or otherwise as determined in the arbitral award.

22. CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

23. CONTACT INFORMATION

Questions about these Terms and Conditions should be sent to us at info@IZSEL.com.