Terms for the Use of the Website and Sales

 

Scope

 

These are the terms and conditions governing (1) the use of www.bora180.com (hereinafter, “the Website”) and (2) the agreement that operates between you and us when you place an order with us.  These will be collectively referred to as “the Terms”. These Terms set out the rights and obligations of all users (hereinafter, “you”/”your”) and those of BORA180™ (hereinafter, “us”/”our”/”we”/”the vendor”) in relation to the goods/services offered by us through this Website only.

 

By using this Website or placing an order through it, you indicated that you have read and understood the Terms and the Privacy Statement and are consenting to be bound by these Terms and the Privacy Statement. If you do not agree to any of the Terms and the Privacy Statement, please do not proceed further or place any order. Before you click on the “Pay Now” button at the end of the ordering process, we advise you to again reread these Terms and the Privacy Statement.

 

These Terms and the Privacy Statement will be subject to revisions and amendments, so you should read them carefully every time prior to using our website or placing any order.

 

If you have any questions about the Terms or the Privacy Statement, you may contact us through our web contact form. 

Use of BORA180™’s Online Shop
 

You agree that, by placing your order, you have read, understood, and unreservedly accepted these Terms and the Privacy Statement. You agree that:

 

  • You may only use our Website to make legitimate enquiries and/or to place orders.

  • You will not make any speculative, false or fraudulent representations or orders. If in our absolute discretion we opine any such representations or orders have been made, we are entitled to cancel the orders and to take whatever actions we deem necessary, including but not limited to reporting to the relevant authorities.

  • You also undertake to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you if necessary.

  • If you failed to accurately give us all the information we may not be able to complete your order.

 

By placing an order through the Website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts at the locality where you completed and paid for the order.

 

Constitution of the Contract

 

The information set out in the Terms and the details contained on this Website do not constitute an offer for sale but an invitation to treat. No contract in respect of any products or services shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, they will be fully refunded.

 

To place your order, your will be required to follow the shopping process online and press the “Pay Now” button to submit the order. After this, you will receive an email from us acknowledging that we have received and will process your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched (the “Shipment Confirmation”). Only at this stage is your offer to buy accepted by us and the contract for sale (“the Contract”) comes into existence.

 

The Contract will relate only to those products as specified in the Shipment Confirmation.. We will not be bound to supply any other products, which may have been part of your original order until the dispatch of such products have been confirmed in a separate Shipment Confirmation.

 

Availability of Our Products

 

All orders for products are subject to availability and in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value than your order. If you do not wish to accept such substitute products, we will refund any monies that you have paid.

 

Refusal of Order

 

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which we may need to refuse to process an order even if an Order Confirmation has been sent. Our right to do so is absolute but any funds paid by you will be refunded .

 

Delivery

 

Subject to availability, and unless there is any exceptional circumstances, we shall endeavour to fulfil your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order Confirmation.

 

Reasons for delay could include:

 

  • Remote delivery area;

  • Force Majeure;

  • Port strike;

  • Other unforeseen circumstances beyond BORA180™’s control

 

Title and Possession

 

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the later.

 

Price and Payment

 

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you or if you do not respond to our enquiry within 5 business days, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

 

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.

 

The prices displayed on our Website include VAT but exclude delivery costs, (which may vary from time to time) and will be added to the total amount due when you complete an order.

 

We reserve our absolute right to decline or refuse orders in whole or in part for any reasons including bulk or high value purchases and to change price and availability information without notice.

 

Once you have finished shopping by adding all items you wish to purchase to your basket,  your next step will be to go through the checkout process and make payment. To do this:

 

  • Click the "Shopping Cart" button at the bottom of the page.

  • Click on the "Checkout" button.

  • Proceed as per PayPal’s instruction.

  • Take care to make sure that your delivery address is correctly reflected on your PayPal account, or your soon-to-be-created PayPal account.

  • Enter the details of your card.

  • You can pay using Visa, MasterCard, American Express and PayPal.

 

Value Added Tax (VAT)

 

Pursuant to the prevailing rules and regulations in force, all purchases done through the Website are subject to Value Added Tax (VAT), except for those to be supplied directly to customers in Anguilla, Bahrain, Bermuda, British Virgin Islands, Brunei, Cayman Islands, Gibraltar, Guernsey, Hong Kong SAR, Jersey, Kuwait, Macao SAR, Maldives, Oman, Qatar, San Marino, Saudi Arabia, Turks and Caicos Islands, United Arab Emirates and the Vatican City.

 

In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.

 

Exchanges/Returns Policy

 

You have up to 7 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or are clearly personalised which are not returnable except due to obvious defects of workmanship).

 

If you wish to return a product(s) within the period specified above, you can make a return to us at any of the BORA180™ stores in Hong Kong or Italy where your product was delivered or by courier arranged by you. In the latter case you should inform us in advance through our web form.You should send the product in the original package received in addition to including your proof of payment. Returns without the proof of payment will not be accepted.

 

You will be responsible for the cost of returning the product to us where you are not able to do so via one of the two free options offered. In this case, if you return the goods to us at our expense, we will be entitled to charge you for the direct cost we incur as a result.

 

If you have any doubts you can contact us through our web form.

 

If there is a BORA180™ store located in the country where your product was delivered, you may return it, in person, to a store itself. You must present with it the proof of payment at time of purchase. Items can only be returned in BORA180™ store that have the same category of the articles that you would like to return. (Paolo, I do not understand this last sentence. Please let me know and I will change it)

 

Where possible, please use or include with the product being returned all original boxes, instructions/documents and wrappings.

 

We will process your refund as soon as possible (and in any case, within 30 days of receiving your notice of cancellation). We will refund any money less any charges if applicable, to you in the same manner you have used to make payment.

 

You are under an obligation to take good care of the product(s) whilst they are in your possession. You should include all instructions, documents and wrappings when returning the product(s). Failure to exercise such care or following the above guidelines may, depending on the circumstances, result in our refusing to accept your returning order, or in charges being made against you to make good the failure.

 

Exchange is limited to exchange for the same product, of a different size but not a different colour.

 

In circumstances where you consider that the product does not conform to the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and your reason for non-conformity.

 

You may also return the product to us in any BORA180™ store located in your country of residence or by giving it to the courier arranged by us in which case you have to bear the costs.

 

Upon receipt of the returned product, we will examine it and notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days from the date we confirmed to you via e-mail that you are entitled to a refund or replacement. If we are of the opinion that the returned product is not defective or otherwise not justified with a full refund, we will inform you of our decision and arrange with you to send the goods to you at your costs, or if agreed by you, for a partial refund.

 

Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the item. We will always refund any money in the manner you used to make payment.

 

Liabilities and Disclaimers

 

Our liability in connection with any Product purchased through our Website is strictly limited to the purchase price of that Product.

 

Subject to the foregoing paragraphs and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability, in tort or contract or otherwise for any direct or indirect or collateral losses or damages as a result of your using this Website or placing an order with us or any other subsequent dealings as a result of such order, or to any other third party.  Specifically, the following are included but not limited to any of the following:

 

  • Loss of income or revenue;

  • Loss of business;

  • Loss of profits or contracts;

  • Loss of anticipated savings;

  • Personal injury;

  • Frustration or injury to personal feelings

  • Loss of data; and

  • Waste of time .

 

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

 

All product descriptions, information and materials posted on this website are provided "as is" and without guarantees or warranties, express, implied or otherwise howsoever arising.

 

Unless contrary to any laws in force  we disclaim all warranties.

 

Nothing herein will affect your statutory rights as a consumer.

 

Intellectual Property

 

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorised by our licensors or us. This does not prevent you using this Website to the extent necessary to make a copy of any order or Contract details.

 

Notices

 

All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified above, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.

 

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

Events Outside Our Control

 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

 

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

 

  • Strikes, lockouts or other industrial actions.

  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  • Impossibility of the use of public or private telecommunications networks.

  • The acts, decrees, legislation, regulations or restrictions of any government.

  • Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

Waiver

 

If we do not at any time during the subsistence of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we do not enforce or  exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.

 

Severability

 

If any of these Terms or any provisions of a Contract are determined by any competent courts to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

Entire Agreement

 

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

 

Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

 

Our Right to Vary These Terms

 

We have the right to revise and amend these Terms from time to time.

 

You will be subject to the policies, Terms in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority.

 

Law and Jurisdiction

 

Contracts for the purchase of products through our site will be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter “HKSAR”).

 

Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the HKSAR courts.

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