These terms and conditions govern all orders made with GREAT KUDU COMPANY LIMITED.
If MYTH Greece® accepts your Order, you and MYTH Greece® will be legally bound by these terms and conditions.
These terms shall apply to all Orders placed by you.
MYTH Greece® AND CONDITIONS OF SALE
The following terms will have the following meaning in these terms and conditions:
“Order” an order placed by you via the Website for the purchase of selected Products;
“Price” the price as displayed on the Website for the Products;
“Products” products listed on the Website available for resale by MYTH Greece® to you and as identified by you in your Order; and “Website” the website accessible via mythoptical.myshopify.com and all other websites owned and operated by MYTH Greece® linking to the same content.
These terms & conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and services– is not permitted. Infringements may be subject to legal action.
These terms &conditions shall apply to all Orders to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these terms & conditions. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
HOW A CONTRACT IS FORMED
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including VAT, if applicable, and any applicable delivery charges.
You shall pay for the Product in full at the time of ordering by supplying us with your credit card details from a credit card company acceptable to us or by PayPal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. You under take that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit card, or account or other payment method which you use is your own.
When you submit an Order to the Site, you agree that you do so subject to these terms & conditions current at the date you submit your Order. You are responsible for reviewing the latest terms & conditions each time you submit your Order. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. You can request us to email an invoice to you. Anyway, an invoice will be send together with the item delivery to you at the same time. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have shipped it, then we will promptly refund any payment already made by you. No refund will be offer if the Product is being shipped from us. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. The price we charge is based on your order time. We will not charge you the new price if your order is issue before validated by us.
A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
DESCRIPTION OF GOODS
All items and the description advertised on the website are as accurate as possible.
Photographs are for illustrative purposes only, and may not exactly match the product itself.
PRODUCT COLOR DISCLAIMER
Due to the handmade nature of our products and the inherent color variations in acetate frame material, each pair of Myth Greece eyewear is unique and slightly different from each other. There will be variations in colours, size, or craftsmanship.
DEFAULT, WINDING UP
If you are (i) in breach of any of your obligations under a Contract; or (ii) give notice to any of your creditors that you have suspended or are about to suspend payment or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction;
We may terminate the applicable Contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable. Termination of a Contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
We shall keep a record of your Order and these terms & conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these terms & conditions, your Order, the Acknowledgement and the Confirmation of Order.
No failure or delay by us or you in exercising any right under these terms & conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these terms & conditions or a Contract.
If any clause in these terms & conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these terms & conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these terms & conditions or a Contract or all or any of your rights or obligations under these terms & conditions or a Contract. Nothing in these terms & conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these terms & conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms & conditions or that Contract its assent to any such term.
These terms & conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Hong Kong Basic Law. Both we and you hereby submit to the non-exclusive jurisdiction of the English Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Amendment to the General Business Terms & Conditions
We reserve the right to amend these terms & conditions at any time. All amendments to these terms & conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new terms & conditions.
GUARANTEE AND COMPLAINTS MANAGEMENT
We shall perform our obligations under these terms & conditions with reasonable skills and care.
We place great value on our customer satisfaction. You may contact us at any time using the contact details given in these terms & conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
CIRCUMSTANCES BEYOND OUR CONTROL
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
LIMITATION OF LIABILITY
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these terms & conditions or a Contract or the Site (or any part of it or them); or - otherwise in relation to these terms & conditions or the entering into or performance of these Terms & Conditions.
Nothing in these terms & conditions shall exclude or limit:
- our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; or (iii) any other Liability which cannot be excluded or limited by applicable law; or - your statutory rights as a consumer.
We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms & Conditions. We shall have no Liability for: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of operation time; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; any indirect or consequential loss.
Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in Hong Kong. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.