Terms & Conditions
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1. Introduction
1.1) Please read these terms and conditions carefully before using this web site. This web site is operated by Suixtil Limited (‘Suixtil, ‘our’, ‘we’ or ‘us’). In particular, we draw your attention to clauses 6 (Information you provide to us), 10 (Applicability of online materials) and 14 (Liability). By accessing or using www.suixtil.com (‘our web site’) you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
1.2) If you do not wish to be bound by these terms and conditions please do not use our web site.
2. Nature of our website
Our website is a place for you to view, select and order products from Suixtil (the ‘Products’) and to make use of related services such as downloads of material related to the Products. Our web site describes the Products in more detail.
3. Buying products on our web site
3.1) To order a product you will need to follow the ordering procedures set out (on our online store). Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site.
3.2) Any times or dates stated on our web site for delivery are estimates only. Suixtil will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3.3) You have the choice to pay by Paypal or with credit card (Visa/MasterCard) at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order in which case you may cancel the order and decide whether or not to order the product at the correct price. We reserve the right to so inform you at any time prior to delivery and, notwithstanding any prior communication, no contract is formed until delivery. The prices exclude delivery costs, value added tax and/or any other applicable taxes in your jurisdiction as may be applicable from time to time.
3.4) Suixtil is entitled to refuse any order placed by you. We will acknowledge receipt of your order by email to the email address you have provided or verified to us while ordering. An approximate delivery date will be advised at the time of order confirmation. Any delay will be corresponded to you via email at our earliest convenience. Please note on some items made to special order delivery times may be extended and an approximate delivery time advised.
3.5) Payment will be taken at the confirmation of the order using the credit card (Visa/MasterCard) or Paypal details provided with your order.
3.6) You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit card (Visa/MasterCard) or Paypal account you use is your own [or that you have the account holder’s permission to use it] and that there are sufficient funds or credit facilities to cover the cost of any goods or services.
3.7) When you pay by credit card (Visa/MasterCard), you are offered the use of an advanced secure server. The secure server software encrypts all information you input before it is sent to us. As an additional security measure, credit card numbers are encrypted both before an order is processed and are not stored on our database. To check the security of our website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on this website.
3.8) Purchases paid with credit cards (Visa/MasterCard) from countries with a high incident of suspected fraud will be automatically rejected by the Suixtil online store. That list is established by our Payment Gateway service provider and updated by them from time to time, independently from us. We are sorry if your payment cannot be accepted because it originates from a country that they have deemed as high risk and excluded from the list of countries we can accept and suggest you contact us (info@suixtil.com or sales@suixtil.com) so that we can work on an alternative payment method.
Our Payment Gateway service provider also imposes transactional limits (by transactions and/or by day) and, in the unlikely event where your payment could not be processed because of said limits, we suggest you also contact us at the above mentioned addresses so that, there as well, we can establish a satisfactory alternative for both of us.
4. Returns
4.1) You may return any Products you have purchased within 7 working days of delivery. To do so you must notify us in writing or other durable medium (including email) within those 7 working days. You will then be entitled to a refund from us which will be paid as soon as possible but in any event within 30 days. You must keep any Products you intend to return to us in ‘as new’ condition while in your possession, must arrange for and pay the costs of returning the Products to Suixtil at the address in section 19 below and must take reasonable care to ensure that they are received by us undamaged.
4.2) If: (a) the Product delivered is not what you ordered (or is a Substitute Product), or does not correspond with its description; or (b) the Product delivered is not of a satisfactory quality Suixtil will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Product.
4.3) If you have any complaints about our Products or service you should direct them to us via email at sales@suixtil.com or by post to the Customer Service at the address in the Contacts section below.
5. Modifications to web site
5.1) We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
5.2) Please note that although we try to ensure that the content of our web site is accurate, it may contain typographical errors or other inaccuracies.
6. Information you provide to us
We will process any information you provide to us during registration, ordering Products or otherwise in accordance with the Suixtil Ltd Privacy Policy and you consent to the terms of that policy.
7. Username and password security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Suixtil immediately of any unauthorized use of them or any other breach of security regarding our web site that comes to your attention.
8. Cookie
To enhance your experience on our sites, many of our web pages use “cookies”. Cookies are small text files that we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us by, for example, registering at our site. Once you choose to provide a web page with personal information, this information may be linked to the data stored in the cookie. A cookie is like an identification card. It is unique to your computer and can only be read by the server that gave it to you. We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalise your experience on our web pages (e.g. to recognise you by name when you return to our site). We also may use cookies to offer you products and services. Cookies save you time as they help us to remember who you are. Cookies help us to be more efficient. We can learn about what content is important to you and what is not. We can revise or remove web pages that are not of interest and focus our energies on content you want. If you want to control which cookies you accept. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website’s server. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. You may find that some parts of the site will not function properly if you have refused cookies. Please be aware that if you do not configure your browser you will accept cookies provided by this website. How to see cookies that you have accepted. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website’s server.
9. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
10. Applicability of online materials
10.1) Unless otherwise specified all content and materials published on our web site are presented solely for your private, personal and non-commercial use.
10.2) Our web site is controlled by us in Hong Kong and operated on our behalf in Hong Kong. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
10.3) We have used our best endeavors to ensure that our web site complies with Hong Kong laws. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the Hong Kong. Persons visiting our web site from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our web site and/or viewing of it, or use of any material or content on our web site or services, or products offered through our web site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our web site and you must exit immediately.
10.4) Suixtil makes no representations and gives no warranties (express or implied) that making the Products available in any particular jurisdiction outside Hong Kong is permitted under any applicable non-Hong Kong 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 Hong Kong, you must satisfy yourself that you are lawfully able to purchase the Products. Suixtil accepts 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 Hong Kong or who are nominees of or trustees for citizens, residents or nationals of other countries.
11. Copyright and monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Suixtil Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Suixtil or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
The names and pictures of people and cars used throughout our site are for identification and illustration purposes only and do not imply any direct or indirect endorsement or support from the respective people or brands for the Suixtil brand or its products.
12. Linked sites
Suixtil makes no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Suixtil and that we have no control over the content or availability of that web site. In addition, a link to any other web site does not mean that Suixtil endorses or accepts any responsibility for the content or the use of such a web site and Suixtil 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 web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
13. Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device related to our web site.
14. Liability
14.1) We promise that for any Product you purchase from our web site: (a) we have the right to sell the Product to you; (b) the Product will correspond with the description we have given to you; and (c) the Product will be of satisfactory quality. We also promise that any service we provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all content, materials and information on our web site are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our web site and use of all information contained within it.
14.2) We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Suixtil or our servants, agents or any other person or entity.
14.3) If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
14.4) You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site 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.
14.5) The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15. General
15.1) We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
15.2) We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
15.3) These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, contain the entire agreement between you and Suixtil. You acknowledge and agree that you have not entered into these terms and conditions in reliance on any statement or representation of any person other than as expressly incorporated in these terms and conditions. You irrevocably and unconditionally waive any right or remedy you may have to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these terms and conditions, the privacy policy, order form and payment method instructions.
15.4) If any provision of these terms and conditions are held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these terms and conditions will remain in full force and effect and will not in any way be impaired. If any provision of these terms and conditions are held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, (or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope) the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
15.5) These terms and conditions are governed by and are to be construed in accordance with Hong Kong law. You and Suixtil irrevocably agree that the courts of Hong Kong shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.
15.6) Except in respect of a payment obligation, neither you nor Suixtil will be held liable for any failure to perform any obligation to the other due to causes beyond your or Suixtil’s respective reasonable control.
15.7) Any omission to exercise, or delay in exercising, any right or remedy under these terms and conditions shall not constitute a waiver of that, or any other, right or remedy. The waiver by you or us of any of our rights or remedies arising under these terms and conditions or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
16. Notices
All notices shall be given: (a) to us via email at sales@suixtil.com or (b) to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
17. Delivery Policy
In stock items are dispatched within 24 hours (Mon to Fri) after order received. Hong Kong destined items and overseas destined items will be delivered by Hong Kong Post or equivalent. If an item is out of stock you will be notified within 24 hours and asked if you wish to choose an alternative, wait or cancel. Delivery time cannot be fixed and will be anytime between 8am and 6pm (Mon to Fri). Suixtil uses Hong Kong Post who make every effort to deliver your order as quickly and reliably as possible. They use the same road network as we all do, and are subject to the same delays and problems as we all experience from time to time. Every effort is made to expedite delivery, but delivery times are not guaranteed.
18. Damages
Most orders are insured against loss or damage until signed for by you. It is your responsibility to inspect the parcel/s for external damage before you sign for delivery. If the parcel is badly damaged, please make a note of this on the delivery note, and refuse to accept delivery. After signing for the parcel, please open it as soon as possible and check the contents. Missing or damaged items must be reported within 24 hours of delivery in writing.
19. Contact
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:
Customer Service
Suixtil Ltd
11B, 8 PoShan Road
Midlevels, Hong Kong
Telephone: +852 / 9190 6064
Email: sales@suixtil.com