Thakoon Website Terms and Conditions

 

LAST UPDATED: December 8, 2016

 

1. These terms

1.1  What these terms cover. These are the terms and conditions (“Terms”) on which you may use our website www.thakoon.com (“Website”) and on which we supply products to you via the Website. You should print a copy of the Terms or save them to your computer for future reference.

1.2 Why you should read them. Please read the Terms carefully before you start to use the Website or submit your order to us. The Terms tell you who we are, how you may use the Website, how we will provide products to you, how we may change the Terms or cancel your order and other important information. If you think that there is a mistake in the Terms, please contact us. Please also see the country specific provisions at the back of the Terms.

1.3 When do these terms become binding. By accessing and using the Website, you accept and agree to the Terms in relation to the use of the Website. If you create an account on the Website and/or place an order on the Website, you will be required to accept and agree to all of the Terms. If you do not accept the Terms, you must immediately stop using the Website. 

1.4 Age limit. The Website is not intended for anyone under the age of [15]. You must be over the age of [15] to access and use the Website. Further, you must attain the age of majority in your country in order to place an order on the Website and enter into a contract with Thakoon.

2. Information about us and how to contact us

2.1 Who we are. As described in clause 2.2, the seller of our products will be one of the following companies (depending on where you live or the location from which your products are shipped):

a.  Thakoon (HK) Limited, a company incorporated under the laws of Hong Kong with a registered address at 9/F, 822 Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong, operates the Website.

b.  Thakoon, LLC, a company incorporated under the laws of the State of Delaware with a registered address at 70-72 Wooster Street, New York, United States of America.

Thakoon (HK) Limited and Thakoon LLC are hereinafter referred to as “Thakoon” or “we” or “us”, as the case may be.

2.2 How to contact us

a.  If you live in Hong Kong, you are contracting with Thakoon (HK) Limited.

b.  If you live in the United States, Canada or Mexico, you are contracting with Thakoon, LLC.

c.  If you live in other parts of the world (i.e. all countries other than the United States, Canada, Mexico and Hong Kong), whether you will enter into a contract with Thakoon (HK) Limited or Thakoon, LLC will depend on the location of the fulfilment centres from where your order is dispatched.

i.  If your order is fulfilled out of our fulfilment centre in Hong Kong, you are contracting with Thakoon (HK) Limited;

ii.  If your order is fulfilled out of our fulfilment centre in the United States, you are contracting with Thakoon, LLC; and

iii.  If part of your order is fulfilled out of our fulfilment centre in the United States and the other part is fulfilled out of our fulfilment centre in Hong Kong, you are contracting with Thakoon (HK) Limited.

We will notify you of the contracting entity when we accept your order.

2.3 How to contact us. You can contact us by telephoning our customer service team in the United States at 844.929.0700 (toll free for United States customers only) or by writing to us in email at customerservice@thakoon.com

2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.5 "Writing" includes emails. When we use the words "writing" or "written" in the Terms, this includes emails.

3. Your account and password

3.1 Account creation to purchase through the Website. When you place an order on the Website, you may set up an account with a username and password of your choice. You must treat such information as confidential. You must not disclose it to any third party. You must provide your real name, a valid e-mail address and other requested information as indicated to create an account. Alternatively, you can check out as a guest without creating an account.

3.2 We may disable your account. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.

3.3 What to do if you think your account information is compromised. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at customerservice@thakoon.

4. How we may use your personal information

4.1 Our Privacy Policy. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our  Privacy Policy . This Privacy Policy also describes how you can exercise your rights of access, rectification and opposition for legitimate grounds.

5. Your order

5.1 How you place your order  To place an order, you will need to take the following steps

a.  you must add the products you wish to purchase to your shopping basket/cart, and then proceed to the checkout;

b.  if you are a new customer, you can create an account with us and log in or continue as a guest (please see clause 3 for further information); if you are an existing customer, you must enter your login details;

c.  once you are logged in, you must select your preferred method of delivery and confirm your order and your acknowledgement and consent to the Terms;

d.  you will be provided during the ordering process and before payment, with a summary of your order so as to allow you to modify it, notably to correct some mistakes and check the total price of your order. Once this summary is validated, you will be invited to pay your order and confirm your order;

e.  our third party payment service provider will handle your payment (please see clause 6 for further information); and

f.  no contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed in clause 5.2 below.

5.2  How we will accept your order. Our acceptance of your order will take place as follows:

a.  after you place an order, you will receive an email from us acknowledging that we have received your order. This does not mean that you order has been accepted, but only a confirmation that we have received your order.

b.  we will confirm our acceptance of your order by sending you a confirmation email which confirms that the products have been dispatched, at which point your order is accepted and a contract will come into existence between you and us. The confirmation email will contain a copy of your order, our confirmation as well as these Terms. The contract will be concluded in Hong Kong if you are contracting with Thakoon (HK) Limited, or in the State of Delaware (the U.S.) if you are contracting with Thakoon, LLC, (unless otherwise set out in clause 19.6), and the language of the contract is English.

5.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products. This might be because you have not provided adequate payment or shipping information, the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product ,because we are unable to meet a delivery deadline you have specified, because we cannot get authorization for your payment, because of shipping restrictions to your country or for other reasons at our discretion.

5.4 Our rights to reject or limit your order. You can only purchase our products for domestic and personal use, not for commercial use. We reserve the right to reject any order you place with us, and may, in our sole discretion, limit or cancel multiple orders of the same product or order of large quantities that are placed under the same account, uses the same credit card or are being shipped to the same shipment address. In the event we reject your order or limit the numbers/quantities of your order, we will inform you of this in writing and will only charge you for the value of the products in your revised order (if any).

5.5 Your order number. We will assign an order number to your order and tell you what it is when we acknowledge receipt of your order or in the order confirmation we will send (as the case may be). It will help us if you can tell us the order number whenever you contact us about your order.

6. Price and payment

6.1 Where to find the price for the product. The price of the product (which is exclusive of all taxes and duties) will be the price indicated on the order pages in US dollars when you place your order. In addition to the price of the products, you will have to pay a delivery charge, which will be stated in the summary of order before your final confirmation of the order and payment for the products. You may also be subject to import duties and taxes which cannot be calculated in advance. Please see clause 7 for further information on possible additional charges.

6.2 We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the product you order.

6.3 What happens if we got the price wrong. 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 time is less than our stated price at your order time, we will charge the lower amount. If the product's correct price at your order time is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any products provided to you.

6.4 When you must pay and how you must pay. Our payment service is administered by a third party payment service provider and we do not collect or store your credit card data. We accept payment with VISA Card, MasterCard, American Express and Apple Pay (for Hong Kong and US customers only). For shipping addresses in United States of America, you can also use JCB, Diners and Discover. You must pay for the products before we dispatch the products. We will charge your credit card prior to dispatch of the products to you. If you are a customer whose credit card is not denominated in US dollars, the final price will be calculated with the applicable exchange rate determined by your card issuer who processes the transaction, and may be subject to a charge imposed by your card issuer. This does not apply to Thakoon exclusively and should be clarified beforehand with your card issuer.

6.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact our customer service team promptly to let us know.

7. Delivery

7.1 International Delivery. We deliver to the countries listed on this page International Delivery Destinations.  However there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering products. You must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable or responsible if you break any such law by purchasing the products.

7.2 Delivery costs. The costs of delivery will be as displayed to you on the Website. You are also responsible for paying the costs described in (a) and (b) below (these are additional to those set out on the Website):

a.  If you order products from the Website for delivery to one of the International Delivery Destinations, your order is shipped on a DAP (Delivery At Place) basis (i.e. your order is subject to import duties and taxes which are applied when the delivery reaches that destination). Please note that we have no control over these charges and we cannot predict their amount.

b.  You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

7.3 When we will provide the products. During the order process we will let you know the estimated delivery date. The estimated delivery date is based on our stock level, the location of the fulfilment centres and the shipping method that you selected. As a result, your order may be split into several deliveries and may be delivered to you from different countries over different days.

7.4 7.4 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL. If our supply of the products is delayed by an event outside our control then we will contact you as soon as we become aware of the delay. We will take reasonable steps to minimise the effect of the delay. Depending on your country of domicile, we may provide you with a new delivery date and seek your consent to the new delivery date. If there will be further delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.

7.5 If you are not at home when the product is deivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and if permitted by law, charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the order and clause 13.2 will apply.

7.7 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.

7.8 When you own the products. You own a product once we have received payment in full.

7.9 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the products to you, for example, name, email address, shipment address and credit card information. If you give us incomplete or incorrect information, we may either cancel your order (and clause 13.2 will apply) or if permitted by law, make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

a.  deal with technical problems with the Website;

b.  modify the product to reflect changes in relevant laws and regulatory requirements (for example, labelling requirements);

c.  make changes to the product as notified by us to you (see clause 9).

7.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel the order for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you cancel the order.

8. Our products

8.1 The products. Our products consist of various clothing apparel. Further details of each of our products can be found on the Website.

8.2 Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

8.3 Product packaging may vary. The packaging of the product may vary from that shown in images on the Website.

9. Our rights to make changes

9.1 Changes to the products. We may change the products:

a.  to reflect changes in relevant laws and regulatory requirements (for example, to comply with labelling requirements under applicable laws); and

b.  to implement minor adjustments and improvements to the products.

These changes should not affect the appearance or your use of the product. If they do, we will notify you of the changes before they are made and you may then contact us to cancel your order in respect of the affected products and we will arrange a full refund of the price of the affected products paid for but not supplied.

9.2 Changes to the Terms. We may amend the Terms from time to time for various reasons, including to reflect changes in relevant laws and regulatory requirements. Any changes we may make to the Terms will be posted on this page and, where appropriate, notified to you by e-mail. You may refer to the date on this page to see when the Terms were last updated. The Terms in force and as consented by you at the time of your order will apply to the contract between you and us. If we have to revise the Terms as they apply to your order (including due to changes in law or regulation), we will notify you of the changes and you may then contact us to cancel your order before the changes take effect and receive a refund for any products paid for but not received. Any other changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

10. Returns and exchanges

10.1 Cancellation and refund. You may cancel your order and return the products for a refund in the following circumstances

a.  If you have changed your mind about the product. You have 10 days after the day you receive the product to cancel the order and ask for a refund, unless specified otherwise in the country specific provisions at the back of the Terms or a longer period is required by law. If your order is split into several deliveries over different days, you have until 10 days after the day you receive the last delivery to change your mind about the products unless specified otherwise in the country specific provisions at the back of the Terms or a longer period is required by law.

b.  Non-returnable and non-refundable products. However, you do not have a right to change your mind in respect of (i) underwear; (ii) swimwear; and (iii) sleepwear, which will be delivered in sealed packages and may not be returned after the opening of the packages due to health protection or hygiene reasons. Products eligible for return must be in their original conditions with all packaging, hang tags and care labels. Products which has been worn, used, altered or damages are non-returnable and non-refundable. If you have returned products which are non-returnable or non-refundable as described in this clause, we may take one of the following actions:

i.  we will inform you that the returned products are non-refundable, and give you the choice of either having the products returned to you at your own cost or Thakoon disposing of the products for you; or

ii.  if required by law, we may accept the return of such products but shall only refund a reduced purchase price. Please see clause 10.6 for information about deductions we are entitled to make from products you return to us.

c.  IF THE PRODUCT IS FAULTY OR MISDESCRIBED. We are under a legal duty to supply products that are in conformity with your order. If you wish to exercise your legal rights to reject the faulty or misdescribed products, you will have to post them back to us.

d.  If we have told you about an upcoming change to the product or the Terms which you do not agree to (see clause 9.1 and 9.2);

e.  If we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see clause 6.3);

f.  If there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 7.4);

g.  If we have suspended supply of the products, or notify you we are going to suspend them (see clause 7.11); and/or

h.  If you have a legal right to end the contract.

10.2 Exchange. If you would like to exchange a product, you must cancel your order, refund the product (see clause 10.1a) and purchase separately.

10.3 How to cancel your order. You may cancel your order in accordance with our Return Process. You may use the model cancellation form provided in the country specific provisions at the back of the Term.

10.4 When we will pay the costs of return and delivery costs. Unless otherwise specified in the country specific provisions or required by law, we will pay the costs of return and delivery costs only:

a.  If the products are faulty or misdescribed; or

b.  if you are cancelling your order because we have told you of an upcoming change to the product or the Terms, an error in pricing or description, a delay in delivery due to events outside our control.

In all other circumstances (including where you are exercising your right to change your mind or wishes to exchange the product) you must pay the costs of return and the delivery costs.

10.5 How we will refund you.  We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described in clause 10.6 below.

The maximum refund for delivery cost will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Please note that import duties are non-refundable (unless specifically required by local laws).

10.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (up to the value of the price paid) for the returns delivery costs (other than the circumstances described in clause 10.4 above), or to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the product and later discover you have handled them in an unacceptable way, we may require you to pay an appropriate amount as permitted by the law.

10.7 When your refund will be made. We will make any refunds due to you as soon as practicable.

a.  If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

b.  In all other cases, your refund will be made within 14 days for a refund from the time the return is received, unless a shorter period is required by the law.

11. ACCESSING THE WEBSITE

11.1 WE DO NOT GUARANTEE UNINTERRUPTED ACCESS TO THE WEBSITE. SUBJECT TO CLAUSES 16.1 AND 16.2, WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF THE WEBSITE WITHOUT NOTICE. WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO THE WEBSITE (INCLUDING THE COST OF CONNECTIONS TO THE WEBSITE).

11.2 WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE. SUBJECT TO CLAUSES 16.1 AND 16.2, WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS.

11.3 WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE VIRUS-FREE. SUBJECT TO CLAUSES 16.1 AND 16.2, WE DO NOT GUARANTEE THAT OUR WEBSITE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY, COMPUTER PROGRAMMES AND PLATFORM IN ORDER TO ACCESS THE WEBSITE. YOU SHOULD USE YOUR OWN VIRUS PROTECTION SOFTWARE.

12. Acceptable Use of the Website

12.1 You may use the Website only for lawful purposes. You must not:

a.  use the Website in any way that breaches any applicable local, national or international law or regulation;

b.  use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c.  use the Website for the purpose of harming or attempting to harm minors in any way;

d.  use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with our “Content Standards” below;

e.  use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

f.  use the Website to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

g.  reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms;

h.  use any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the Website (except as may be a result of standard search engine or Internet browser usage); and/or

i.  access without authority, interfere with, damage or disrupt:

i.  any part of the Website;

ii.  any equipment or network on which the Website is stored;

iii.  any software used in the provision of the Website; or

iv.  any equipment or network or software owned or used by any third party.

12.2 Content Standards: You shall ensure that your contributions to our Website shall not contain any material that:

a.  is defamatory of any person.

b.  is obscene, offensive, hateful or inflammatory.

c.  is sexually explicit.

d.  promote violence.

e.  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

f.  infringe any copyright, database right or trade mark of any other person.

g.  is likely to deceive any person.

h.  is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

i.  promote any illegal activity.

j.  is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

k.  is likely to harass, upset, embarrass, alarm or annoy any other person.

l.  is used to impersonate any person, or to misrepresent your identity or affiliation with any person.

m.  advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12.3 What happens if you breach the “Acceptable Use” provisions (clause 12). We will determine, in our discretion, whether there has been a breach of the “Acceptable Use” provisions through your use of the Website. Failure to comply with the “Acceptable Use” provisions constitute a material breach of the Terms, and we may take such action as we deem appropriate, including but not limited to any of the following actions:

a.  Immediate, temporary or permanent withdrawal of your right to use the Website, including disabling your account;

b.  Issue of a warning to you;

c.  Legal proceedings against you for damages and reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

d.  Further legal action against you; and/or

e.  Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13. Our rights to cancel your order

13.1 We may cancel your order for a product at any time by writing to you if:

a.  We are unable to deliver the products to you due to incorrect shipping information;

b.  You do not, within a reasonable time, allow us to deliver the products to you when we have shipped them in a timely manner; or

c.  In the situations described in clauses 5.3 and 5.4 above.

13.2 You must compensate us if we cancel the order in the situations set out in clause 13.1, (except for the situation described in clause 5.3). We will refund any money you have paid in advance for products we have not provided but where permitted by law we may deduct or charge you the reasonable cost of shipping which we have incurred.

14. Intellectual property rights

14.1 Our intellectual property materials on the Website are protected. We are the owner or the licensee of our trade marks and all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. Except as expressly set forth in these Terms or expressly granted to you in writing by Thakoon, no rights in the Website (whether by implication, estoppel or otherwise) are granted to you. All such rights are reserved.

14.2 What are you allowed to do with our intellectual property materials.

a.  You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website, but our status as the authors of content on the Website must always be acknowledged.

b.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

c.  You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

14.3 What happen if you break these intellectual property provisions. If you print off, copy or download any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15.Our responsibility for loss or damage suffered by you when purchasing our products

15.1  WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for gross negligence; for wilful misconduct or for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under applicable laws.

Nothing in this clause 15 limits any additional rights that you may have under any applicable and non-excludable consumer protection laws in your jurisdiction or the jurisdiction of the governing law of your contract under clause 19.6.

15.3  WE ARE NOT LIABLE FOR BUSINESS LOSSES. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business losses, such as loss of profit, loss of business, business interruption, or loss of business opportunity or contracts, loss of anticipated savings or loss of goodwill or reputation.

16. Our liability in relation to your use of the Website

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for gross negligence; for wilful misconduct or for breach any legal rights which you have as a consumer which cannot be excluded or limited.

16.3 Subject to clauses 16.1 and 16.2 above,

 

a.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or on any website linked to it.

b.  To the extent permitted by applicable law, we assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

c.  We will not be liable to any user for any loss or damage (however arising), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:

i.  use of, or inability to use, or availability of the Website; or

 

ii.  use of any content displayed on the Website, other than for the purposes of placing an order with us

 

17. Indemnity

You indemnify us. You agree to indemnify and hold harmless Thakoon, its directors, officers, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, in any way arising from, related to or in connection with, your breach of any provisions of the Terms. Some countries do not allow such indemnity, so the above indemnity may not apply to you.

18. Linking to the website and third party links

18.1 Linking to the Website. You may link to the pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and subject to the following conditions:

a.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b.  You must not establish a link to the Website in any website that is not owned by you.

c.  The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

d.  We reserve the right to withdraw linking permission without notice.

e.  The website in which you are linking must comply in all respects with the content standards set out in the “Acceptable Use” section above.

18.2 Other use of content on the Website. If you wish to make any use of content on the Website other than that set out above, please contact customerservice@thakoon.

18.3 Third party links. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

18.4  We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

19. Other important terms

19.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will contact you to let you know if we plan to do this.

19.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing. Nobody else has any rights under the Terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.3  Entire agreement. You acknowledge and agree that these Terms and the Privacy Policy and any applicable additional terms (such as a consent to marketing) constitute the complete and exclusive agreement between you and Thakoon concerning your access to and use of the Website and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Website. Neither party has relied on any statement or representation not set forth in these Terms, Privacy Policy, and any additional applicable terms.

19.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we/you do not insist immediately that you/we do anything you/we are required to do under the Terms, or if we/you delay in taking steps against you/us in respect of your/our breaking this contract, that will not mean that you/we do not have to do those things and it will not prevent us/you taking steps against you/us at a later date.

19.6 Which laws apply to this contract and where you may bring legal proceedings.

a.  If you are contracting with Thakoon (HK) Limited ,the Terms are governed by the laws of Hong Kong and you can bring legal proceedings in respect of this contract or our products in the courts of Hong Kong. We both agree to that the courts of Hong Kong will have non-exclusive jurisdiction.

b.  If you are contracting with Thakoon, LLC ,the Terms are governed by the laws of the State of Delaware and you can bring legal proceedings in respect of this contract or our products in the courts of the State Delaware. We both agree to that the federal and state courts located in the State of Delaware will have non-exclusive jurisdiction.

b.  The above choice of law and jurisdiction is without prejudice to the legal provisions of the law of the country where you are domiciled.

 

Country Specific Provisions

1. General

(a)  If you are a customer located in the following countries at the time of your purchase, you will have 14 days after the day you receive the product or 14 days after the day you receive the last delivery to cancel the order and ask for a refund under clause 10.1.

i.  Austria

ii.  Belgium

iii.  Denmark

iv.  Germany

v.  Hungary

vi.  Iceland

vii.  Italy

viii.  The Netherlands

ix.  Poland

x.  Portugal

xi.  United Kingdom

(b)  If you are a customer located in Italy, the Netherlands and the United Kingdom, you may use the model cancellation form below to cancel your order according to clause 10.3:

Model Cancellation Form

 

( Complete and return this form only if you wish to withdraw from the contract)

 

To [THAKOON’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED]

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

 

[*] Delete as appropriate

(c)  If you are a customer located in Germany, you may use the model cancellation form below to cancel your order according to clause 10.3:

Muster-Widerrufsformular

 

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

 

  • An [hier ist der Name, die Anschrift und gegebenenfalls die Telefaxnummer und E-Mail-Adresse des Unternehmers durch den Unternehmer einzufügen]:
  • Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)
  • Bestellt am (*)/erhalten am (*)
  • Name des/der Verbraucher(s)
  • Anschrift des/der Verbraucher(s)
  • Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
  • Datum
(*) Unzutreffendes streichen.

2. Australia

If you are a customer located in Australia at the time of your purchase, the following provisions apply:

(a)  A new clause 15.4 shall be added to the Terms:

“15.4 To the extent permitted by law, any other condition, guarantee or warranty which would otherwise be implied into these Terms is hereby excluded. These Terms do not attempt or purport to exclude liability arising under any condition, guarantee or warranty implied by applicable legislation if, and to the extent, such liability cannot be lawfully excluded.

Where any applicable and non-excludable legislation implies any condition, guarantee or warranty the applicability of which cannot be excluded or modified, then that condition, guarantee or warranty will be included in these Terms. To the maximum extent permitted by such legislation, our liability for a breach of that condition, guarantee or warranty will be limited to one or more of the following: (a) if the breach relates to products or other goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.”

3. Germany

If you are a customer located in Germany at the time of your purchase, the following provisions apply and supersede any contradicting terms as set out above:

(a)  A new clause 10.8 shall be added to the Terms:

"10.8 Warranty. The relevant German legal provisions which regulate warranties regarding consumers apply.”

(b)  Clauses 15 and 16 above do not apply, instead the following applies:

“15.  General limitation of liability

15.1 We, our legal representatives as well as agents and assistants shall only be liable for damages caused by grossly negligent or intentional acts.

15.2 In addition to that, we are only liable for slight negligent acts in case of a culpable breach of a material contractual obligation – i.e. an obligation the performance of which is required for reaching the purpose of this agreement or, respectively, the breach of which endangers reaching the purpose of this agreement and the compliance with which customer therefore usually may rely on. However, in such case our liability shall be limited to the foreseeable damage typically occurring under this type of contract.

15.3 The exclusions and limitations of liability as set out above shall not apply to (a) a liability for fraudulent concealment of a defect or the assumption of a guarantee for the condition of the goods or services, (b) a liability for damages suffered due to fatal and bodily injuries or health impairments which were culpably caused, and (c) a liability due to mandatory statutory law such as the German law on product liability (“Produkthaftungsgesetz”) which cannot be excluded.

16. [Intentionally omitted].”

4. United States

If you are a customer located in the United States at the time of your purchase, the following provisions apply and supersede any contradicting terms as set out above:

(a)  Clauses 15 and 16 above do not apply, instead the following applies

“15.  Our responsibility for loss and damage suffered by you.

15.1  TO THE EXTENT PERMITTED BY LAW, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, THIRD PARTY INTERACTIONS, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THAKOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15.2  TO THE EXTENT PERMITTED BY LAW, THAKOON SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE WEBSITE). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THAKOON IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITE (INCLUDING THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES, THIRD PARTY INTERACTIONS, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE); (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THAKOON OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE WEBSITE; OR (E) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THAKOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THAKOON WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15.3  BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

15.4  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under applicable laws.

15.5  WE ARE NOT LIABLE FOR BUSINESS LOSSES. WE ONLY SUPPLY THE PRODUCTS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

15.6  Our liability in relation to your use of the Website.

(a)  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

(b)  WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON THE WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

(c)  WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

-  USE OF, OR INABILITY TO USE, THE WEBSITE; OR

-  USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE.

16.  [Intentionally omitted].”

(b)  The following new clause shall be added to the Terms.

“Termination

(a)  Right to Suspend or Terminate Use of the Website. Thakoon reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Website (or any portion of the Website), and to block or prevent future access to and use of the Website for any reason, including, without limitation, your breach of these Terms or other conduct by you that Thakoon considers inappropriate. Thakoon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that Thakoon shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Website will not affect any right or relief to which Thakoon may be entitled, at law or in equity, nor shall they affect any obligation you have to Thakoon, including but not limited to the payment of fees.

(b)  Effect of Termination. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Thakoon and its licensors. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.

(c)  Determination of Compliance. You understand and agree that Thakoon will determine your compliance with these Terms in its sole discretion.”