1.1 www.habitatchic.com (the “Website”) is a website operated by Habitat Chic Limited (we, our, us), a limited liability company registered in Hong Kong.
2.1 These Terms and Conditions apply to you, the Website user, and your usage of the Website and associated software, networks and processes, including the purchase of any item listed on the Website (“Product”).
2.2 By browsing the Website, or placing an order, you agree to these Terms and Conditions as set out below.
3.1 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.2 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Habitat Chic Limited takes no responsibility for any such damage which may arise in connection with your use of the Website.
3.3 The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Habitat Chic Limited will not be responsible for the content or privacy practices associated with linked web sites.
4.2 Habitat Chic Limited exercises the right to terminate or suspend access to habitatchic.com without notice, for any conduct that we believe is disruptive or is in violation of any applicable law or terms contained herein.
5.1 You represent to Habitat Chic Limited that you are of the legal age in the state of your residence. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by Habitat Chic Limited, will result in a binding contract.
6.1 Prices listed on the Website are in Hong Kong Dollar and apply to Products shipped within Hong Kong. All pricing errors are subject to correction.
6.2 All prices displayed on the Website are subject to change without notice. Prices for items in an order are fixed once your order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed orders.
6.3 You agree to pay tax and shipping charges as they are calculated and listed in the order confirmation at the time of purchase.
7.1 In the event that a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing information, Habitat Chic Limited shall have the right to refuse or cancel any order placed for Products listed at the incorrect price. Habitat Chic Limited has the right to refuse or cancel any such orders whether or not the order has been confirmed and your PayPal account or credit/debit card has been charged. If your PayPal account or credit/debit card has already been charged for the purchase and your order is cancelled, Habitat Chic Limited shall immediately issue a credit to your account for the amount of the charge.
7.2 Features and specifications of Products described or depicted on the Website are subject to change without notice. An alternation does not entitle you to return Products, cancel an order or otherwise avoid your obligations and liabilities pursuant to these Terms and Conditions.
7.3 All weights and dimensions mentioned are approximate.
8.1 Habitat Chic Limited has made every effort to display as accurately as possible the colors of our Products that are shown on the Website. We cannot guarantee that your computer monitor's display of any color will be completely accurate.
9.1 Occasionally, photos of Products displayed on the Website may include bed sheets, pillows, duvets, covers, cushions and similar items (“Accessories”). It is understood that Accessories are not part of the Products for sale and are shown for illustration purposes only.
10.1 You may place an order by filling in the order form on the Website and clicking the ["confirm"] button. When you place your order, we will issue you with an order number by email.
10.2 By placing an order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
10.3 Orders will be deemed to have been received by Habitat Chic Limited at the time we send an order confirmation to your nominated e-mail address.
10.4 Habitat Chic reserves the right to not accept or to cancel orders at its discretion, whether or not the order has been confirmed and your PayPal account or credit/debit card has been charged. We will make every effort to notify you in the event of an order refusal or cancellation. If your PayPal account or credit/debit card has already been charged for the purchase and your order is cancelled, Habitat Chic Limited shall immediately issue a credit to your account for the amount of the charge.
10.5 Habitat Chic Limited is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
10.6 Each order (once confirmed) represents a separate agreement.
10.7 Habitat Chic Limited accepts no responsibility for orders that are declined or not accepted due to disruptions with internet connections.
11.1 Order processing days are Monday through Friday. Legal holidays and company closures may affect your order processing and shipment dates.
12.1 Habitat Chic Limited currently accepts [Visa and MasterCard] cards. Payments are processed via [First Data] or PayPal.
12.2 Payment for orders will be processed immediately upon confirmation of your order.
13.1 Taxes that Habitat Chic Limited is obligated to withhold or collect shall be automatically charged and withheld for all Products purchased from the Website. If you are an exempt organization, federal, state, or local government agency, you should not purchase Products from this website. We will not issue a credit for sales taxes collected to organizations that should not be using this site to purchase Products.
14.1 As expressly indicated at the time of order, shipping and handling charges are additional to the listed price of a Product.
14.2 All purchases via the Website include a separate dispatch service (the “Service”), a service which is distinct from the supply of Products and which includes only (i) the dispatch of the order with a third party carrier and (ii) the provision to the carrier of instructions to enable the delivery of the Products to the customer by the carrier.
14.3 Habitat Chic Limited will make every effort to ship Products in a timely manner and keep you updated through the process. Habitat Chic Limited is not responsible for late shipments due to holidays, natural disasters or carrier delays.
14.4 Customers are responsible for providing the correct shipping address during the checkout process. If a package is returned, Habitat Chic Limited will notify you promptly. You will be fully responsible for the shipping charges to re-ship the order to the correct address.
14.5 Once an order has been dispatched to the customer by Habitat Chic Limited in accordance with 13.2, the dispatch service is deemed to have been provided, and in no circumstances is Habitat Chic Limited then liable to refund the delivery fee paid by the customer.
14.6 Habitat Chic Limited is not responsible for the delivery and delivery times of Products once dispatched in accordance with 13.2. Once Products have been dispatched, it is your responsibility to liaise with Habitat Chic Limited’s nominated courier company in relation to date of delivery and to make yourself available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by Habitat Chic Limited to a customer in relation to delivery will be from a third party, and as such Habitat Chic Limited will not guarantee the accuracy of such information.
14.7 You acknowledge that delays in shipping do occasionally occur, and Habitat Chic Limited is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the Product or delivery of the Product.
14.8 You acknowledge that Products may be damaged in transit by the carriers, and in such a case, the customer may contact Habitat Chic Limited in accordance with Clause 14, and other than in accordance with that clause, Habitat Chic Limited is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 14.
14.9 The dispatch period listed on the Website is reasonably estimated by Habitat Chic Limited and is subject to changes without notice.
14.10 Habitat Chic Limited will not dispatch Products to PO box addresses.
14.11 Title to Products passes to the customer upon delivery of the Product. You must notify Habitat Chic Limited within 24 hours of the date of your delivery if any part of your purchase is missing, wrong or damaged.
14.12 Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
14.13 Habitat Chic Limited's nominated courier will deliver Products during business hours (9am to 5pm, Monday to Friday).
14.14 While we do our best to arrange for the personnel of our delivery partners to locate the Products within your residence, the Service and delivery of Products by third party carriers generally includes only delivery to ground floor and/or the front door (a door-to-door service) by a single delivery driver, and does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is always the customer’s responsibility to arrange for a means (whether by requesting assistance from neighbors or friends or otherwise) to bring Products inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
15.1 Habitat Chic Limited is not required to provide refunds other than in case of a Product damage that is notified by you to us within 24 hours from the time of the delivery of the Product.
15.2 You must contact us before you attempt to return a Product. Before a return and refund is processed, Habitat Chic Limited will need to confirm to you that your complaint is valid.
15.3 Any refund will be processed once the returned Product arrives at Habitat Chic Limited. You must return the Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping, and handling fees for returning a Product. Additional restocking fees may apply and are at the discretion of Habitat Chic Limited.
15.4 If you fail to contact us within 24 hours from the time of delivery, Habitat Chic Limited is not responsible for a Product that is damaged.
15.5 The customer must comply with directions from our staff to facilitate a return.
16.1 All information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website (“Material”) is of property of Habitat Chic Limited.
16.2 Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
17.1 You waive, release, discharge and relinquish any and all claims that you have now or may have against Habitat Chic Limited which are connected with, arise out of, relate to or are incidental to the use of the Website.
17.2 You agree to indemnify and to keep indemnified Habitat Chic Limited and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Habitat Chic Limited arising out of or in connection with the your use of the Website and the use of any Habitat Chic Limited Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
18.1 To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
19.1 Habitat Chic Limited reserves the right to make changes to the Website and Terms and Conditions without notice.
19.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
19.3 A failure or delay by Habitat Chic Limited to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Habitat Chic Limited does not preclude its future ability to exercise that or any other power or right.