Terms & Conditions
Duke of Luxury is an online based company providing luxury goods and services, operated and owned by Duke of Luxury Ltd. (“Company”).
Products and services listed through the website Duke of Luxury which the customer is interested remains subject to availability when placing an order. The customer emailing Duke of Luxury Ltd. will be informed, prior to placing their order, of the stock availability of the items they wish to purchase. Duke of Luxury website is subject to the terms and conditions herein (“Terms and Conditions”, T&Cs) to which the Customer fully acknowledges having read and understood. Orders placed by a Customer are understood that the T&Cs have been read and accepted.
1. Definitions and Interpretation
1.1 “Account” means the account that a Customer registers on the Website in order to purchase a Product.
1.2 “Customer” means any person who places an order or requests a service through emailing, calling or meeting with Duke of Luxury with an intent to purchase a product and/or a service from Duke of Luxury.
1.3 “Force Majeure Event” means any event which is beyond the reasonable control of the Company, and is unforeseen or unforeseeable at the time of the execution of a Purchase Contract, including (without limitation) acts of God, exceptional weather conditions, floods, droughts, landslides, storms, lightning, high winds, typhoons, earthquakes, natural disasters, power failures, telephone or land-line connection failures, impacts with or by aircrafts or aerial objects, explosions, fires, wars, war-like operations, hostilities, insurgencies, invasions, acts or threats of terrorism, epidemics, quarantines, acts of foreign or public enemies, hi-jacking or unlawful seizure or wrongful exercise of control of vehicles, curtailment of transportation facilities, civil commotion, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions, shortage of goods and materials (through no negligent act or fault of the Company), and acts or regulations of government;
1.4 “Order” means any order submitted by a Customer though email, phone, or face to face for the purchase of a Product/Service and after receiving confirmation that such Product/Service is available from Duke of Luxury.
1.5 “Order Information” means the information and details required by the Company to be submitted by a Customer using the Website (or through some other medium as may be determined by the Company from time to time) in respect of an Order and includes, without limitation, the name of the Customer, delivery address, contact information, the Product purchased and the quantity thereof.
1.6 “Product” means any good(s) and/or service(s) of the Company listed on or which is otherwise made available for purchase.
1.7 “Registration Details” means the personal particulars required by the Company to be submitted by a Customer using the Website (or through some other medium as may be determined by the Company from time to time) when registering an Account and includes, without limitation, the name and contact information of the Customer.
1.8 “Third Party Sites” means any websites or resources on the internet which the Website provides a link to, or other websites or resources on the internet which may contain links to the Website.
1.9 “use of the Website”, “using the Website” or any similar expressions shall, unless the context otherwise requires, mean the use of the Website for any permitted purpose or transaction and includes, without limitation, the registration of an Account, the placing of any Order, the payment of any Product, and any communication with the Company pursuant to these Terms and Conditions;
1.10 “Product” means any good(s) and/or service(s) of the Company listed on or which is otherwise made available for purchase.
1.11 “Website User” means any person (including any Customer) who accesses and/or uses the Website.
1.12 Expressions in the singular form shall include the plural and vice versa, and all references to the masculine gender include the female and neuter genders and vice versa. All references to persons shall include bodies corporate.
1.13 The headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
2. Scope of Terms and Conditions
2.1 These Terms and Conditions govern access to and/or use of the Website.
2.2 The Company may amend these Terms and Conditions at its discretion at any time and from time to time without prior notice and without any liability to any Website User save in the case of fraud, willful default or gross negligence on the part of the Company.
2.3 By accessing and/or using the Website, a Website User shall be deemed to have accepted these Terms and Conditions (and such amendments as may be made thereto from time to time).
2.4 For the avoidance of doubt, the services and benefits provided by the Company on the Website (including the payment methods, service points system and other benefits for the Customers who subscribe to the Company’s electronic newsletters) only apply in relation to the use of the Website.
3. Access and Use of Website
3.1 Information Displayed on the Website:
3.1.1 Whilst the Company endeavors to ensure that all information provided on the Website (including Product details, descriptions, prices and availability) are correct and accurate, the Company does not warrant or represent that all information displayed on the Website is accurate, complete or up-to-date and any such warranties are hereby disclaimed and excluded to the fullest extent permitted by any applicable laws.
3.1.2 By using the Website, Website Users accept that information provided on the Website may contain typographical or other errors, inaccuracies or omissions, and may not be complete or up-to-date, and that accordingly the Company shall not be liable for any error or omission in respect of the information displayed on the Website.
3.1.3 The Company shall have the right to correct any errors, inaccuracies or omissions and to change or update such information on the Website at any time without prior notice and without any liability to Customers.
3.2 Restriction on Access and/or Use of Website:
3.2.1 Access to and/or use of (and continued access to and/or the use of) the Website by any Website User is at the sole discretion of the Company. The Company shall have the right at any time to restrict, suspend or terminate any Website User’s access to and/or use of the Website without notice and without having to assign any reason thereto.
3.2.2 Without prejudice to the generality of Clause 3.2.1, the Company shall be entitled to restrict, suspend or terminate any Website User’s access to and/or use of the Website if the Website User engages in any of the following acts (“Prohibited Acts”):
(a) the submission of false or erroneous information to the Company (whether in respect of Registration Details, Order Information or pursuant to these Terms and Conditions);
(b) doing any act or thing which is calculated or designed to violate the security, functionality or integrity of the Website or any Third Party Site (whether or not such act amounts to a criminal offence or an illegal act);
(c) reselling or disposing any Product using the trade name or name of the Company or in any other way by associating himself with the Company, unless the Company expressly consents in writing;
(d) impersonating any person or representing any organization without authority to do so in connection with the purchase of any Product or in respect of any communication with the Company;
(e) doing any act or thing in connection with the use of the Website which is calculated or designed to cause any damage or loss to the Company or other Website Users; or
(f) doing any act or thing in connection with the use of the Website that is or may be against public order or morals.
Access and/or Use of Website is at the sole risk of Website Users
3.3.1 Save to the extent otherwise stated in these Terms and Conditions, access to and/or use of the Website shall be at the sole risk of the Website User. The Company shall not be liable to any Website User for any damages or losses that may suffered or incurred by a Website User arising from his/her access to and/or using the Website for any purpose whatsoever.
3.3.2 Without prejudice to the generality of Clause 3.3.1, the Company shall not be liable for and expressly disclaims any and all liability for any damages and/or losses that may be suffered or incurred by any Website as a result of any distributed denial-of-service attack, viruses, codes or other technologically harmful material that may infect the Website User’s computer equipment, computer programs, data or other proprietary material due to the Website User’s access to and/or use of this Website or to the Website User’s downloading of any material posted on it, or on any Third Party Site linked to it. By accessing and/or using the Website, each Customer agrees that he shall take all appropriate precautions and safeguards before accessing and/or using the Website or downloading materials from the Website.
4. Placing of Orders
4.1 Only Customers with valid information may place Orders for Products using the Website’s email address.
4.2 An Order represents an offer to purchase the selected Product(s). All Orders are subject to the availability of the Product(s) ordered and acceptance by the Company. The Company reserves the right to reject any Order at its sole discretion.
4.3 Any customer who is below the age of 18 years shall obtain the consent of his/her parent or guardian before placing any Order.
4.4 An Order shall be placed by a Customer together with all relevant Order Information. The Company may (but shall not be obliged to) contact the Customer directly by any means of communication in the event that it has any queries concerning an Order (including in respect of the Customer’s Account or Order Information).
4.5 Customers shall submit their Registration Details or Order Information only in the English language.
4.6 The Company shall not be liable to a Customer in the event that any Order submitted by that Customer is not received by the Company for any reason including, without limitation, on account of any error or oversight on the part of the Company its servants and/or agents, or on account of any electronic fault, server breakdown, or failure in the operation or functionality of the Website.
4.7 The Company shall send the Customer an email confirmation upon its receipt of an Order (“Order Information Email”). For the avoidance of doubt an Order Information Email shall not constitute or be construed in any way as an acceptance of that Order.
4.8 Once an Order Information Email has been issued, the Order may not be altered, amended or revoked by the Customer without the prior written consent of the Company.
5. Acceptance of Orders
5.1 A valid, binding contract for the sale/purchase of a Product (“Purchase Contract”) shall be formed between a Customer and the Company only when the Company issues to the Customer an email confirming the Company’s acceptance of the relevant Order (“Order Confirmation Email”).
5.2 If an Order Confirmation Email is not issued by the Company within three (3) business days of the Order Information Email, the relevant Order shall be deemed to have been rejected by the Company and no Purchase Contract shall be formed.
6. Mode of Communication
All notices and exchanges of correspondence between the Company and a Customer in respect of an Order shall be made in writing in the English language and shall be deemed to be received by the Company or the Customer (as the case may be) only if, in the case of any notice or communication to the Company, it is sent using the email address provided by the Customer’s as part of his/her Order Information, and is received by the recipient’s server.
7. Termination of a Purchase Contract
7.1 The Company shall be entitled to terminate a Purchase Contract forthwith and without any liability to a Customer in the following circumstances:
(a) the Customer fails to provide any information requested by the Company in connection with the Purchase Contract either at all or in a timely manner or provides any false, inaccurate, misleading and/or erroneous information to the Company (including in respect of any Registration Details or Order Information); or
(b) the Customer breaches any of these Terms and Conditions, or engages in any Prohibited Act (as more particularly set out in Clause 3.2), or fails to comply with the requirements and/or instructions of the Company as stipulated on the Website or as stated in any notice or communication to the Customer; or
(c) the Company is unable for any reason to effect delivery of the Product(s) to the Customer’s designated delivery address (e.g. in the case of any Prohibited Product as more particularly described in Clause 12 or by reason of any Force Majeure Event), or if the Product(s) is unavailable for any reason, or if an error is found in the pricing or any other information related to the ordered Product(s) displayed or described on the Website after the formation of the Purchase Contract; or
(d) the Customer fails to collect or accept delivery of any Product purchased in such manner or within such period as stipulated by the Company; or
(e) the Customer fails to tender payment for the Product purchased (including but not limited to any advance or deposit) in such manner or within such period as stipulated on the Website or by the Company, and for the purposes of this Clause 7.1(e), a Customer shall be deemed to have failed to tender payment for the Product purchased if he/she fails, in relation to any stipulated mode of payment, to comply with the requirements of such mode of payment as stated in Clause 8.
7.2 In the event the Company terminates a Purchase Contract in the exercise of its rights pursuant to Clauses 7.1(a), (b), (d), (e) or as a result of any other event attributable to the wrongful act or omission of the Customer, then without prejudice to such of its further or other rights under equity or in law, the Company shall be entitled to:
(a) claim as against the Customer such of the damages and/or losses as may have been suffered or incurred by the Company (including but limited to shipping costs, bank transfer fees, and loss of profits) as a result of the termination; and
(b) to offset or otherwise deduct from any advance payment or deposit paid by the Customer such amount as shall be sufficient to compensate the Company for such damages and/or losses suffered by the Company.
7.3 In the event the Company terminates a Purchase Contract in the exercise of its rights pursuant to Clause 7.1(c), the Company shall, if it has received any advance payment or deposit pursuant to the Purchase Contract, refund such advance or deposit to the Customer in full Provided Always that the Company may provide the refund in any manner it deems fit including by way of cash, payment into the Customer’s credit card, or otherwise.
8. Payment Method
8.1 The amount payable by a Customer for a Product shall include the price of the Product as stated on the Website, as well as any applicable fees/charges (e.g. banking fees; shipping/handling charges) and taxes (hereinafter referred to collectively as the “Purchase Price”). Any additional taxes, relating to import taxes, import VAT or other local country/state/regional taxes applied in the Customer’s country are the sole responsibility of the Customer and are payable by the latter to the relevant authorities.
8.2 Unless otherwise specified by the Company, payment of the Purchase Price shall be made in advance by way of fund transfer to the Company’s designated bank account within one (1) business day from the receipt of the Order Confirmation Email. Any and all bank transfer fees and charges in connection therewith shall be borne by the Customer.
8.3 Notwithstanding the provisions of Clause 8.2, if any payment method is expressly designated for a particular Product on the Website or by the Company, the Customer shall not be entitled to choose a payment method other than the one so designated.
8.4 In the unlikely instance where a customer issues a wire that is higher than the total amount agreed upon, we will refund the difference via wire transfer, minus a 3% banking charge.
Operating under a strict first comes first served basis, and in the unforeseen circumstances that a wire is delayed to reach Duke of Luxury’s account and that another customer’s wire arrives first, the first wire will be honored and the second wire will be refunded, minus a 3% banking charge.
9.1 Subject to Clause 9.5, the Company shall deliver the ordered Product to the Customer at the delivery address provided in the relevant Customer’s Registration Details or Order Information.
9.2 Delivery shall be performed by the Company using the services of the Company’s designated parcel delivery services company. The Company reserves the right to refuse to effective delivery of any ordered Product(s) if delivery cannot be conducted by the Company’s designated delivery company and delivery cannot, in the Company’s good faith determination, be conducted either at all or in any other practical or commercially reasonable way. In such cases, the Company may grant the Customer the option to collect the Product(s) at a specified address (other than that designated by the Customer), and the Company shall have the right to terminate the Purchase Contract without any liability to the Customer in the event that the Customer chooses not to do so.
9.3 Delivery shall only be conducted upon the Company’s verification of the receipt of the Purchase Price in accordance with Clause 8.
9.4 The Company will notify the Customer once the Product has been dispatched to the Customer. All delivery dates are estimates and time shall not be of the essence for the delivery of any ordered Product. In the event of any of the following cases, a delivery may be delayed. In such cases or if there is a mistake caused by the delivery company, our company shall not be liable for any loss or damages that may arise caused by such delays or mis delivery.
(1) when preparation for delivery cannot be made due to the holidays of our Company,
(2) when a delivery is delayed due to a reason of the delivery company, or
(3) when a delivery is delayed for any other unavoidable reason.
9.5 In cases where the ordered Product is to be collected by the Customer at a mutually agreed pick up point (as notified to the Customer), and the Customer fails, refuses or neglects to collect the ordered Product(s) within the stipulated period, the Company may (but shall not be obliged to) effect delivery of the said Products at the delivery address provided in the relevant Customer’s Registration Details or Order Information at the Customer’s cost and expense.
Any additional taxes, relating to import taxes, import VAT or other local country/state/regional taxes applied in the Customer’s country are the sole responsibility of the Customer and are payable by the latter to the relevant authorities. Failure to pay additional taxes to the relevant authorities by the Customer is the sole responsibility of the Customer. The Company shall not be liable for the Customer failing to pickup, retrieve the Product/Order from their relevant local or state Authority in case additional taxes are not paid by the Customer.
9.6 Ownership of an ordered Product shall only pass to the Customer upon the delivery of the Product.
9.7 The Company shall not be liable to the Customer in the event that a Product is returned to the Company for any reason.
10. Exchanges and Returns
10.1 If there is any:
(a) defect in the Product received by the Customer on delivery; or
(b) damage to the Product prior to delivery (e.g. due to any accident, mistake or mishandling by the delivery company in the course of delivery); and providing that the delivery company or their authorized delivery staff acknowledges such fault and damage; the liability under sub item (b) is the responsibility of the delivery company and the Customer is therein advised to gather all proof while the delivery company is present at the delivery address to confirm, damage to the product by the delivery company, or
(c) mistake in the Product delivered (in that a Product other than that ordered by the Customer was delivered to that Customer),
the Customer may request for an exchange of the relevant Product (excluding the box or packaging provided with the Product) from the Company (“Defective Product”). Such request shall be made by giving to the Company a notice in writing via email within three (3) business days starting from (and including) the delivery date specifying the reason for the exchange, failing which the Customer shall be deemed to have accepted the Product in the condition in which it was received and no request for an exchange shall be accepted or entertained by the Company for any reason thereafter. The request shall be submitted together with details of the defect or damage in question and digital photographs thereof in the case of the circumstances mentioned in Clause
10.1(a) and (b) above. And if so requested by the Company, the Customer shall provide such further or other information to the Company in a timely manner.
10.2 Notwithstanding its acceptance of any exchange request made pursuant to Clause 10.1 above, the Company shall have the right, upon its inspection of any Product for which an exchange is requested, to refuse an exchange if:
(a) the circumstances described in Clause 10.1(a), (b) or (c) are found by the Company not to exist (e.g. on account of the nature of the Products as mentioned in Clause 11) or to have been fabricated by the Customer;
(b) the returned Product is found to have been used (including the case where the protective film of the Product has been removed);
(c) the Product has been subject to damage (including any missing accessory, article or enclosures thereof) after the Product was delivered or which is not otherwise attributable to the Company or its designated delivery company.
In such a case the Company shall return the Product to the Customer at the Customer’s sole cost and expense.
10.3 Same as provided in Clause 10.2 above, the shipment fees and charges for the return of any Defective Product by the Customer, and delivery of a replacement Product to the Customer, shall be borne by the Company.
10.4 In the event that the Company is unable, for any reason, to conduct an exchange of a Defective Product, the Company shall, upon the return of the Defective Product and if it has received payment of the Purchase Price pursuant to the Purchase Contract, give a full refund of the Purchase Price to the Customer Provided always that the Company may provide the refund in any manner it deems fit including by way of cash, payment into the Customer’s credit card, or otherwise.
11. Nature of Products
11.1 Due to factors such as the lighting during the photography of the products or the display or monitor used by a customer, the company does not guarantee that colour or texture of the Products displayed on the website will match those of the actual products delivered.
11.2 Further, each Product of the brand ‘Hermes’ that is made of leather (“Hermes Product”) is manufactured individually and custom-made depending on the quality of the leather used. Accordingly, there will likely be differences between a Hermes Product displayed on the Website and the actual Hermes Product received by the Customer on delivery. The Company accordingly does not guarantee that the Hermes Product will be exactly the same as that displayed or described on the Website and the Company does not accept any liability or responsibility for any losses that may be suffered by the Customer arising out of or in connection with any such differences between the delivered Hermes Product and the Hermes Product displayed or described on the Website.
12. Export/Import Restrictions
12.1 The importation of Products containing or made of materials such as crocodile leather, ostrich leather or lizard leather, may be prohibited under the laws and regulations of certain jurisdictions (hereinafter referred to as “Prohibited Products” and “Restricted Jurisdictions” respectively). Those type of bags with Exotic skins won’t be shipped and will only be delivered by hand delivery. The additional cost for hand cost delivery will be indicated to the Customer and borne to the Customer.
12.2 It shall be the responsibility of each Customer to ensure that a Product is not a Prohibited Product and/or that the delivery address designated by the Customer is not located in a Restricted Jurisdiction prior to placing an Order. The Company shall not obliged to nor shall it be liable to the Customer for failing to deliver any Prohibited Product(s) to a designated delivery address in a Restricted Jurisdiction under a Purchase Contract, nor shall it be liable or responsible to a Customer for any losses and/or damages that may be suffered or incurred by the Customer on account of any penalties which may be imposed on the Customer on account of any applicable laws governing the importation of the Prohibited Product.
12.3 In the event that the Company is unable, for any reason, to conduct the delivery of a Prohibited Product, the Company shall, upon the return of the Prohibited Product and if it has received payment of the Purchase Price pursuant to the Purchase Contract, give a full refund of the Purchase Price to the Customer Provided Always that the Company may provide the refund in any manner it deems fit including by way of cash, payment into the Customer’s credit card, or otherwise.
13. Limitation of the Company’s Liability
Without prejudice to the exclusions and limitations set out in these Terms and Conditions with respect to the Company’s liability, it is hereby agreed that the entire or aggregate liability of the Company to a Customer under or in connection with a Purchase Contract for any claim or cause of action shall not exceed 10% of the price of the Product supplied or sold by the Company giving rise to the claim or cause of action.
14. Intellectual Property
Any and all design rights, trademarks, copyrights, and all other rights of property of a material or intellectual nature arising out of or otherwise comprise in the Website and its contents (including any applicable software and all HTML and other code contained in the Website) shall or shall be deemed to belong to (and to be the property of) the Company and/or its related/affiliated companies and are protected by national intellectual property and other laws and international treaties. It is prohibited by law to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to each Customer or which appears on the Website and each Customer shall not use any such content in connection with any enterprise or purpose, whether commercial or non-commercial. Each Customer shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or any of its contents (including any applicable software, any HTML or other code contained in the Website). The Company reserves the right to take any legal action or commence any claim or proceeding in the event of any infringement of its intellectual property or material rights.
15. Assignment of Rights
No Customer shall assign, transfer, novate, charge, sub-contract, create any trust over or deal in any manner with a third party in respect of his rights or obligations under these Terms and Conditions or under any Purchase Contract.
(a) To facilitate the sale, payment and delivery of ordered Products pursuant to a Purchase Contract;
(b) To correspond with Customers in accordance with these Terms and Conditions;
(c) To discharge the Company’s obligations under these Terms and Conditions and Purchase Contracts;
(d) To administer and manage the Website and the contents thereof;
(e) To provide any relevant sales or marketing information on Products to Customers.
17. Governing Law and Dispute Resolution
17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong.
17.2 In case of any dispute, claim, action or proceeding that may arise out of or in connection with these Terms and Conditions or any Purchase Contract, the Hong Kong District Court shall be the agreed court of first instance with exclusive jurisdiction.