TERMS AND CONDITIONS

This website is managed by Candlestick. Throughout the site, the terms “we”, “us” and “our” refer to Candlestick. Candlestick offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

New features or tools added to the current store are also covered by the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL TERMS AND CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for illegal or unauthorized purposes and you may not use the service in violation of any applicable laws in your country (including, but not limited to, copyright laws). You may not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always sent encrypted over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service or access to the service or any contact on the website through which the service is provided without express written permission from us. The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not liable to you or any third party for any modification or change, price change, suspension or discontinuation of the service. Contracts The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking the “Buy” button, you are making an offer to conclude a purchase contract. Immediately after placing your order, you will receive an automated email confirming your order. This email confirmation does not constitute acceptance of the contract.

Warranty The statutory warranty rights apply.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may only be available online via the Website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy. We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that the colors will be accurately represented on your computer screen. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product descriptions or product prices are subject to change at any time without notice and at our discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited. We do not guarantee that the quality of the products, services, information or other material that you purchase or obtain will meet your expectations or that any errors in the service will be corrected. All our products are shipped directly from our supplier in China to the consumer. All costs, such as customs duties and import taxes, are borne by the consumer.

The place of delivery is the country where transportation begins. In this case, delivery will take place outside the EU, as a result of which the postal or courier company will charge the customer import VAT and/or customs duties. The seller will therefore not charge VAT.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may also apply to orders placed through the same customer account or credit card, and/or to orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders which, in our sole judgment, are placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may offer you access to third-party tools that we do not monitor, control or have any influence over. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools. The use of optional tools offered through the Site is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are offered by the relevant third-party providers.

SECTION 8 - LINKS TO THIRD PARTY WEBSITES

Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials online, by e-mail, by post or by any other means (collectively referred to as “comments”), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are not obligated (1) to keep comments confidential, (2) to pay compensation for comments, or (3) to respond to comments. We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments do not infringe on any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, you may not pretend to be someone else and you may not mislead us or third parties regarding the origin of your comments. You are solely responsible for the comments you post and their accuracy. We do not accept any responsibility or liability for comments posted by you or third parties.

SECTION 10 - PERSONAL INFORMATION

The transmission of personal data via the shop is subject to our Privacy Policy. View our privacy policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are not obliged to update, modify or clarify information in the Service or on any related website, including but not limited to price information, unless legally obliged to do so. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to all other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe on our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to send false or misleading information; (g) to upload or send viruses or other malicious code that in any way affect or may affect the functionality or operation of the Service or a related website, other websites or the internet; (h) to collect or trace the personal information of others; (i) for spamming, phishing, pharming, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or a related website, other websites or the internet. We reserve the right to terminate your use of the Service or a related website if you violate any of the Prohibited Uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results that can be obtained from using the service will be accurate or reliable. You agree that we may remove the service from time to time for an indefinite period of time or discontinue the service at any time without notifying you. You expressly agree that your use of the Service or the inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are (unless explicitly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall Candlestick, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost income, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from the use of the Service or any product obtained through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Candlestick and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, filed by a third party as a result of or arising from your violation of these General Terms and Conditions or the documents referred to, or your violation of a law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, null and void or non-enforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use shall remain in effect until terminated by either you or us. You can terminate these Terms of Use at any time by informing us that you no longer wish to use our Services or when you stop using our Website. If, in our sole discretion, you do not comply or we suspect that you have not complied with a term or condition of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

If we do not exercise or enforce any right or provision of these Terms of Service, this does not constitute a waiver of this right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Ambiguities in the interpretation of these Terms of Service shall not be construed to the detriment of the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service can be sent to us at info@the-candlestick.com