Terms and Conditions
- These terms and conditions (“Terms”) are the terms on which this website www.vitruvian-man.com (“Website”) is made available to you (“You”/”Your”). Please read these Terms carefully before using Our Website.
- By using or accessing our Website, you agree to be legally bound by these Terms as they apply to your use of or access to our Website.
- If you do not wish to be bound by these Terms then please refrain from using our Website.
- Any products which are available for you to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.
2 Information About Us
- The information contained within this document relates to the Vitruvian Man online store located at www.vitruvian-man.com, operated by Yellow Rocket Company Limited (Hong Kong). Our company is registered in Hong Kong and our registered address is Yellow Rocket Limited Hong Kong, Room 705A, Far East Consortium Building, 121 Des Voeux Road Central Hong Kong. (“Vitruvian Man”/ ‘Yellow Rocket” /“We”/“Us”/”Our”).
- If you have any questions, complaints or comments on this Website then You may contact Us on [email protected] or by post to Room 705A, Far East Consortium Building, 121 Des Voeux Road Central Hong Kong.
3 Buying Products on our Website
- To order a product You will need to follow the ordering procedures set out on the relevant order page.
- Details of the prices for the products and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of your order.
- You undertake that all details you provide to Us for the purpose of purchasing goods which may be offered by Us on Our Website will be correct, that the credit or debit card or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any goods.
- Discount codes and offers cannot be redeemed on sale or promotional items.
- From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.
- You must pay for the products by credit, debit card or Paypal account at the time of the order, at which time You will be notified of the current price.
- We are entitled to refuse any order placed by You. If Your order is accepted, We will confirm acceptance to You by online electronic means (‘Confirmation’) to the e-mail address you have given Us on ordering. The order will then be fulfilled by the date set out in the Confirmation.
- To cancel Your order after it has been dispatched to you, you will need to follow the Returns & Exchanged Policy.
5 Reselling of products
- Please note that all products available on Our Website are for personal use only. You may not sell or resell any of the products.
- We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms.
6 Modifications to Website
- We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.
7 Information you provide
- The following applies to any information you provide to us, for example during any registration or ordering process:
You authorise us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or our sub-contractors. If you obtain or choose to buy products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to you. All such information collected by Us shall be referred to in these Terms as “Personal Information”;
You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.
- If you would like to review or modify any part of Your Personal Information then You should e-mail Us at [email protected] or login to ‘My Account’ section to change your information.
- You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to Your attention.
9 Applicability of Online Materials
- Personal Use Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
- Compliance with Law We make no representations that the materials on Our Website are appropriate or available for use in locations outside of Hong Kong (HK).
- Exclusion of Warranties We make no warranties, express or implied that making the products available in any particular jurisdiction outside Hong Kong is permitted under any applicable non-HK laws or regulations. Accordingly, if making the products or any part available in Your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to you. You accept that if you are resident outside of Hong Kong, You must satisfy yourself that you are lawfully able to purchase the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside of Hong Kong or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Our Website and its contents.
- You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, you may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
- Any use other than that permitted above may only be undertaken with Our prior express authorisation.
- By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.
- You may establish links to the Website provided:
– You link only to the home page of the Website;
– You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
– You give us notice of such link by sending an e-mail message to us at [email protected] and
– You immediately stop providing links to the Website if notified by Us
- We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When you access any other website it is independent of Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or webmaster.
– see how visitors navigate Our Website and to see which resources they access;
– see what visitors’ buying behaviours are to allow us to see the latest buying trends; and
– see information about visitors’ internet connections and the equipment used to access Our Website.
- We use this information to help us to improve the content of Our Website or to improve the matching of Your interests or preferences.
- The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer, for example, Your operating system and browser type.
- If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.
- If you do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If you refuse to accept cookies You may be unable to access certain parts of Our Website.
12 Your Use of the Website
- You agree that in using Our Website You will not:
– use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
– use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
– use Our Website for any purpose other than Your personal use;
– email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
– advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
– transfer files that contain viruses, trojans or other harmful programs; or
– access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures. We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.
- We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.
- You confirm that: You will comply with the restrictions on Your use of the Website as set out in these Terms, and in relation to any material submitted to or posted on the Website, You have the right to do so and have obtained all necessary licences and or approvals.
- You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
13 Availability of our Website
- We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error-free and can accept no liability for its unavailability.
- Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
- Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms shall be limited in aggregate to the net payment to Us from You for the product concerned.
- Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or agents.
- All content and services on Our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
- We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.
- Alterations: We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.
- Illegality: If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
- Jurisdiction: In the event of any dispute between You and Us concerning these Terms, relevant Hong Kong S.A.R law will apply. If you wish to take court proceedings against Us You must do so within Hong Kong S.A.R. If You are buying Our products from anywhere outside Hong Kong this does not deprive You of the protection afforded to You by virtue of local laws in that territory.
- Causes beyond Control: Neither you nor Yellow Rocket Company Limited will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.
- No Waiver: If you breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
- All notices shall be given:
– to Us via e-mail at [email protected] or
– to You at either the e-mail or postal address, you provide during any ordering process.
- Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
- These Terms replace all other terms and conditions previously applicable to the use of Our Website.
Waiver and Severability of Terms. The failure of Yellow Rocket Company Limited to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.