Welcome to Shirtacy (“we”, “us”, “our”), we endeavour to provide you a safe and satisfied experience upon using our website. By visiting www.shirtacy.com, you are agreeing and consenting to the terms, conditions and notices described in the Terms of Service. Shirtacy.com (our “Site”) and related products, features and services (collectively, the “Services”) are made available to you pursuant to the following Terms of Service. We recommend you to read and check the Terms of Service regularly as we may modify the Terms of Service from time to time. Your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Service. You must read and agree to all of the Terms of Service before using any of the Services available on the Site. If you are under 18, you must inform your parent or guardian about Shirtacy Privacy Policy before you register to use this Site or any of the Site’s Services. If you do not agree to any of the Terms of Service, then you must stop using the Site immediately.
PRIVACY POLICY
For a detailed description on how we will collect and process your information, please refer to our privacy policy available at Privacy Policy page. By accessing and using the Site, you accept and consent to the practices described therein and affirm that all data provided by you is accurate.
REGISTRATION
In order to use certain Services of this Site, you are required to register a member account by providing true, accurate, current and complete information about yourself. Should any of your registration information change, please notify us at contact@shirtacy.com and we will update your profile accordingly.
TERMS OF SALE
The purchase of merchandise through the Site is strictly limited to individuals who can lawfully enter into and form contracts on the Site in accordance with the Laws of Hong Kong. By placing an order through the Site you are offering to purchase merchandise on and subject to the following terms and conditions. All orders are subject to acceptance and availability.
Purchases made on the Site are for personal use solely. Buyer or any third parties must not use the purchased goods for resale, commercial purposes or any other commercial benefit. Shirtacy reserves all rights to restrict merchandising and distribution of an item should we find any suspicious activity of that order.
Prices shown on the Site are marketed in Hong Kong Dollars. The displayed US dollar, British Pound Sterling and Chinese Yuan are in accordance with the exchange rates to date and subject to fluctuate. No VAT or taxes are applied to our products. The total cost of your order will be the sum of the delivery cost and the displayed price of the product(s). If you are buying from outside Hong Kong, Shirtacy will not be responsible for any import duties and extra surcharges incurred.
In order to make purchases through the Site, you will be prompted either to login onto your existing account or register for a new account in which you will need to provide your personal details. You must provide your real name, phone number, email address, postal address and other necessary information as indicated. In addition, you will be required to provide payment details upon placing your orders, in which you represent and affirm that the payment details you provide are both valid and accurate.
Our payment service is provided by PayDollar. Your payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorisation using Extended Validation Certificates (EV) SSL transaction encryption. Payment can be made by Visa card, MasterCard, PPS and Alipay. In order to contract with Shirtacy you must be the authorised personnel who possesses a valid credit/debit card issued by a bank acceptable to us, or you must be the authorised account holder of PPS/Alipay. By making a payment you expressly authorise us to perform a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Should you fail the validation checks and authorisation by your payment card issuer in which leading to the termination of the payment to Shirtacy, we will not be liable for any delay or non-delivery of the order.
Once your order has been placed, we will issue an email acknowledging the details of your order. Be noted that this acknowledgement email does not constitute acceptance of your order. The acceptance of your order and completion of the contract between you and Shirtacy will be executed when we have approved your payment, debited your payment and dispatched the goods to you. If your order is accepted we will then issue another email informing you the identity of the party which you have contracted with. Normally this will be Shirtacy or on some occasions a third party. Where a contract is made with a third party Shirtacy is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
We may offer promotional discount codes from time to time, which may apply in respect of any, or certain specified purchases made through this Site. Only one promotion code can be applied per order. The maximum spend of pre-discount items capped at HKD$5000 per order. You can only apply the promotion code upon check out; once you have placed your order you are not able to apply a promotion code afterwards.
Whilst we endeavour to ensure that all details, descriptions and prices, which appear on this Site are accurate, errors may occur. If we found an error in the price of any items which you have ordered, we will inform you of this as soon as possible and provide you with the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will regard the order as cancelled. If you decide to cancel the order and you have already paid for it, you will be entitled to a refund totalling your paid amount.
Our Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. As such, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Shirtacy reserves the right to refuse to process any order that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, payment terms, delivery, or return policies.
SHIRTACY SOCIAL PLATFORMS
Shirtacy reserves the rights to suspend or terminate an account if any user is seen to be using proxy Internet Protocol addresses in attempt to hide the handling of multiple accounts, or interrupts the use of this Site and related Services in any way.
You are the owner of all of the content and information you post on Designers’ Lab and Share the World sections (collectively, “Shirtacy Social Platforms” or “SSP”) of the Site. For any content that is covered by intellectual property rights, such as photos, designs, sketches etc. (“IP content”), you expressly grant us the following permission: you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Shirtacy (“IP License”). For instance, this includes and without limitation the right and license to use, duplicate, adapt, modify, edit, publish, reproduce, translate, distribute, publicly perform or display (in whole or part of such material), create derivative works from and/or incorporate it in other works in any media, form or technology now know or later developed. In some circumstances Shirtacy may also share your contribution with trusted third parties.
This IP License ends when you delete your IP content or your account unless your IP content has been shared with others and that they have not deleted it. You acknowledge that we are not obligated to delete IP content shared by you and that we are also not obliged to publish any material submitted by you on our SSP. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may still persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate and welcome your feedback or suggestions about Shirtacy. Nevertheless, you understand that we may adopt them without any obligation to compensate you for them, just as you have no obligation to offer them.
By submitting any material to Shirtacy, you are agreeing to use SSP in accordance with the terms and conditions set out above. If you do not wish to grant Shirtacy the permission on these terms, please do not submit or share your content on our SSP.
Shirtacy provides you with the ability to interact with social media networks, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not take responsibility or control those social media networks and your corresponding profiles, modify your privacy settings on those networks, or establish rules about how your personal information on those networks will be used. You and the social media network providers are in control of those issues, not Shirtacy. You are recommended to read all policies and information on the applicable social media networks to learn more about how they handle your information before using any such features made available to you on our Services. Shirtacy is not responsible for any acts or omissions by any social media network providers or your use of features that come from their platform.
SITE USAGE, YOUR ACTIVITY & THIRD PARTY
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny your access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny your access to this Site on a temporary or permanent basis and any decision to do so shall be final.
The Site is for your personal use only. All commercial related use and/or activities are prohibited. You must not modify, copy, distribute, translate, reverse engineer, transmit, decompile, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or Services contained within this Site. In addition, you must not commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as “spam”); or attempt to affect the performance or functionality of any computer facilities of/accessed through this Site. Breaching this provision would constitute a criminal offence under Computer Crimes Ordinance (Cap. 106, 200, 210). Shirtacy will report such breach to the relevant law enforcement authorities and disclose your identity to them when needed.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it. Shirtacy reserves the rights (but without the obligation or liability) to prohibit or remove any such material.
This Site may also contain hyperlinks to other websites or resources (“Linked Websites”) operated by parties other than Shirtacy. Shirtacy has no control over such Linked Websites, has not reviewed all of the Linked Websites connected to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external Linked Websites, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Linked Websites, including (without limitation) any advertising, products or other materials or services on or available from such Linked Websites, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external Linked Websites. You use the Linked Websites at your own risk and your use of the Linked Websites will be subjected to their corresponding terms and conditions.
CONTENT & INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that the content and intellectual property rights in all software, HTML and other codes, graphics, photographs, image rights, designs, trademarks, copyright, audio and video, text (collectively, “Content & Intellectual Property” or “CIP”) made available to you on or through this Site shall remain the property of Shirtacy and/or its licensors and are protected by intellectual property and applicable laws as well as international treaty provisions. All such rights are reserved by Shirtacy and its licensors. You are prohibited from reproducing, redistributing, publishing or manipulating, in any format, any of the CIP available to you or which appears on this Site. You may however store, display and print the content supplied only for your own personal use without violating the terms and conditions described herein. No license or consent is granted to you to use any of the trademarks as seen on this Site in any way, and you agree not to use these trademarks or any symbols, icons or fonts which are colourably similar without the expressed authorisation by Shirtacy.
Shirtacy reserves the right in its absolute discretion to amend or remove, temporarily or permanently, any content, Services and/or any page of this Site at any time and for any reason. Amendment or removal may be immediate and without notice. You agree that Shirtacy is not liable to you or any third party for any reason that this Site is unavailable at any time or for any period of time.
DISCLAIMER
The Site and its content are provided on an “as is” basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). Shirtacy is only providing a venue for the sale of products and a platform for community to share their contribution on its Site, and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss related to your use of the site or use of any of the products purchased at its site). Please read all information, warranties or warnings provided by the manufacturer owner or seller of the products on or in the product packaging and labels before using any product purchased on Shirtacy. Shirtacy shall not be liable for the accuracy, fitness for a particular purpose or quality of such products or reliability of any information provided by any manufacturer owner or seller of such products and it is your responsibility to evaluate such information.
Although Shirtacy uses reasonable efforts to have the colours of the images of its merchandise displayed as accurately as possible on the Site, we do not warrant that the colour will be accurately displayed by your monitor.
We make no warranty this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Site.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Site are in no way associated, linked or affiliated with Shirtacy and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected Shirtacy.
INDEMNITY & LIMITATION OF LIABILITY
You agree fully to indemnify, defend and hold harmless Shirtacy, its directors, officers, agents, employees, consultants, affiliates, licensors and suppliers, from and against all losses, claims, liabilities, expenses, damages and costs (including, but not limited to, reasonable legal fees) arising from any breach of these Terms of Service or any other activity by you in connection with your use of the Site, or the use by any other persons accessing this Site using your Internet account. You further agree that Shirtacy shall not be held liable howsoever for your use of the Site and you agree to waive all claims that you may have against Shirtacy for any loss or damages you may sustain in connection with your use of the Site. In the event that this disclaimer is unenforceable, the total liability of Shirtacy, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.
WAIVER
No failure or delay by Shirtacy in exercising any right, power or remedy under the Terms of Service shall operate as a waiver of such right, power or remedy.
MODIFICATION AND SEVERABILITY
Shirtacy reserves the right to make changes to this Site, the Terms of Service and the Privacy Policy at any time and from time to time with or without notice. If any of the provisions of the Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms of Service.
GOVERNING LAW AND JURISDICTION
Shirtacy is a registered trademark held by Craigwood Garment Factory Ltd. in Hong Kong SAR. The Terms of Service together with all our policies and procedures are to be governed by and construed in accordance with the Laws of Hong Kong and should there be any disputes or claims associated with the Terms of Service, such events shall irrevocably subject to the exclusive jurisdiction of the courts of Hong Kong.
ENTIRE AGREEMENT
The Terms of Service (which maybe updated or amended from time to time without notice to you) constitutes the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Shirtacy, whether written or oral. Any waiver of any provision of the Terms of Service will only be effective if expressly written and signed by a Director of Shirtacy.
In case of discrepancies of the English and Chinese versions of this Terms of Service, the English version shall apply and prevail.
