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When we refer to “we”, “us” or “our”, we mean “Maxwell’s Clothiers”. Where we refer to “you” or “your” we mean you, the person using the Services.
These terms and conditions set out the legal terms that apply to your use of our website https://www.maxwellsclothiers.com, any of its sub-domains and any other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using our Services. Please note that by using our Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use our Services and we advise you to leave our website immediately. If you continue to use our website or if you order products from us, we will consider this as your acceptance of these Terms and Conditions.
Our Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of our Services, or between you and the Partners relating to the sale of the products.
Hence, we recommend that you print or save a copy of these Terms and Conditions for your records. Please note that we may modify or update our Terms and Conditions from time to time so please check our Website frequently.
We provide the Services to you through our Website and offline at our Trunk Shows. When you purchase products using the Website, you are purchasing the products from us. When you purchase products at our Trunk Shows, you are purchasing from our independent agents.
The Services we offer allow you to search through the Website, book appointments with our style experts and purchase products. We source fabrics from a large number of fabrics mills/brands worldwide. Our Services also include arranging delivery of the products, providing you with customer service assistance and payment processing without charge. As the contract for the purchase of the products on the Website is between you and us, we are legally responsible for selling the products to you.
In order to use our Services and buy our Products, you must be over 18 years of age.
If we fail to comply with these Terms and Conditions in providing our Services to you, we are responsible for any loss or damage you suffer that is a likely result of our breach of these Terms and Conditions. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was anticipated by you and us at the time you started using the Services. In no event will we be liable to you or anyone else for loss, damage, death or personal injury; fraud or fraudulent misrepresentation and any other liability which cannot be limited by law.
We try to be as accurate as possible in the description of the products shown on our Website. However, we cannot guarantee that all details of the products are always accurate. The images of the products on the Website are for illustrative purposes only. We try to display colours accurately, but we cannot guarantee that the display of colours of the images in your computer accurately reflect the actual colour of the products.
If an item you have ordered is not as described, or of a lower quality, or does not fit you well, you can contact us and we will work on it to resolve the issue.
The products sold by us are for your private use only. You need to agree that you will not use the products for any commercial, business related or re-sale purposes.
Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and us. All orders are subject to availability of the fabrics and/or products. After you place an order, we will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title and Risk to the product purchased will be passed on to you upon shipment of the product.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are confirming that all details you provide are true and accurate. You must be an authorised user of the credit or debit card used to place the order and there must be sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct anything before making the purchase. Please check your order carefully at each page of the order process as you are accountable for ensuring that the information you provide is accurate.
After you place an order, you will receive an email confirming the receipt of your order. This email is only an acknowledgement for information purposes. The confirmation email will include a description of the products purchased in the order.
When you submit your order, we carry out a standard pre-authorisation check on your payment card and our products will not be dispatched until the details you have provided are verified.
Your access to our Website does not include any commercial, unlawful or fraudulent use of the Website or its contents. You should not copy or use the Website for any commercial purposes without our prior consent.
We reserve the right to withdraw or make changes to the Website without notice. We may restrict access to all or parts of our Website. We will not be liable to you if the Website is unavailable at any time or for any period. You must not use the Website in any way that can cause it to be interrupted, damaged or impaired in any way. We have the right to terminate, suspend, withdraw, and/or amend your access to our Website in case you breach any terms and conditions.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Hong Kong S.A.R. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Hong Kong S.A.R. copyright laws (see sections 37-88 of the Hong Kong S.A.R. Copyright Ordinance), your legal rights in relation to “fair dealing” under European copyright law, or as permitted by the fair use privilege under the U.S. Copyright laws, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Maxwell’s Clothiers, maxwellsclothiers.com, and other marks which may or may not be designated on the Site by a “®”‚ “TM”‚ or other similar designation, are registered, pending or unregistered trademarks or service marks of Maxwell’s Clothiers, in Hong Kong, S.A.R. and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Maxwell’s Clothiers.
Maxwell’s Clothiers’ trademarks and trade dress may not be used in connection with any product or service that is not Maxwell’s Clothiers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maxwell’s Clothiers. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maxwell’s Clothiers.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action that does not mean that we have waived our rights. We will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede all earlier agreements between you and us.
Events outside of our control – We will not be liable or responsible for any failure or delay to perform any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
Complaints – We manage a complaint handling procedure which we will use to resolve disputes when they arise. Please let us know if you have any complaints or comments. Please use our Contact Us page to get in touch with us.
If you access the Site from anywhere in the world, you agree that the laws of Hong Kong S.A.R., without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Maxwell’s Clothiers and/or its Associates.