WEBSITE TERMS & CONDITIONS

Updated August 2019

 

 

1. SCOPE AND ACCEPTANCE

 

1.1. The website www.aigle.com.hk (the “Website”) is owned by and/or operated by or on behalf of Green Square Marketing Limited, a company incorporated under the laws of the Hong Kong Special Administrative Region with Company Number 875300 (“AIGLE HK”).

1.2. Any reference herein to “we”, “us” and “our” is intended to refer to AIGLE HK.

1.3. Any reference herein to “Customer”, “you” or “your” is intended to refer to the user of the Website.

1.4. The present terms and conditions (the “Terms”), together with any additional terms, conditions and/or policies referenced herein and/or available by hyperlink (“Additional Terms”), govern the access to and use of the Website, its functionalities, features and services. In the event of any inconsistency between these Terms and any Additional Terms, conditions and/or policies, these Terms shall prevail.

By accessing and/or using the Website, its functionalities, features or services, you fully agree to comply with and to be bound by these Terms and the Additional Terms.

We advise you to carefully read these Terms and the Additional Terms before accessing and/or using the Website, its functionalities, features or services. A copy of these Terms may be downloaded and printed out by clicking here.

If you do not agree with any part of these Terms and/or the Additional Terms, you shall discontinue accessing and/or using the Website, its functionalities, features or services.

1.5. If you have any questions regarding the Website, its content, functionalities, features or services or regarding these Terms and/or the Additional Terms, you can contact our Customer Service.

1.6. The Website, its functionalities, features and services are only intended for consumers of required legal age and for personal use.

1.7. The Website should not be regarded as an offer or solicitation from us to sell products in any country to any person to whom it is unlawful to make such an invitation or solicitation in such country.

 

2. INTELLECTUAL PROPERTY

 

2.1. You acknowledge and agree that, as between you and us, we are the owner of the rights, title, and interests in and to the Website and the content of this Website (including without limitation names, logos, texts, graphics, images and photographs, videos, audio clips, sounds and music or any other type of content, and any improvements, amendments, adaptations, modifications, derivatives, translations, and/or new versions of any of the foregoing, and any and all Intellectual Property Rights in and/or in relation to any of the foregoing) (“Content”). For the purpose of these Terms, “Intellectual Property Rights” means and any all intellectual property rights, including without limitation all of the following, and all rights in, arising out of, or associated therewith (in each case, whether registered or not): (i) patents; (ii) know-how, trade secrets, ideas, concepts, inventions, discoveries, developments, devices, methods and processes (in each case, whether or not patentable); (iii) copyrights, software, source codes, object codes, specifications and other works of authorship, databases and database rights; (iv) rights in any designs; (v) trade marks, service marks, domain names, social media user names, business names and trade names; (vi) any and all other intellectual property rights and related documentation with respect to all of the foregoing; (vii) any and all registrations of, or applications to register, or any rights to register or apply to register, any of the foregoing; and/or (viii) any similar or analogous rights anywhere in the world.

2.2. By accessing and/or using the Website, its functionalities, features or services, you are not granted, and are not entitled to claim, any Intellectual Property Rights or license of any kind in relation thereto.

2.3 You shall not: (a) knowingly do, omit to do or permit any act which may damage, jeopardise or diminish the Content and/or any of our rights thereto; (b) register, or procure the registration of, any Intellectual Property Rights which form part of the Content or, in our absolute discretion, are similar thereto, represented in any form; (c) develop, reverse engineer, decompile, disassemble, copy, reproduce, alter, translate, exchange, adapt, change, modify, add to, subtract, or create derivative works from, or otherwise modify, sub-license, assign, transfer, exploit, deal with, or carry out any act otherwise restricted by copyright or other Intellectual Property Rights, the Content, or attempt any of the foregoing; (d) represent that you have any right, title, and/or interest in or to the Content, or assert any proprietary interest therein.

 

3. PERSONAL DATA

 

Please refer to our Personal Information Collection Policy by clicking here.

 

4. CLICK & RESERVE SERVICE

 

4.1. The Click & Reserve service (the “C&R Service”) offers you the possibility to reserve products presented on the Website and to purchase them thereafter at an AIGLE store in Hong Kong (among those proposed).

4.2. In order to use the C&R Service, you need to register (or if you are already registered, to log-in to your account) as member of our AIGLE Membership Club. For more details and information about the AIGLE Membership Club, please refer to the dedicated page by clicking here.

4.3. Only one reservation per account can be made at the same time.

For each reservation, only one product can be reserved and you have to select the AIGLE store -among those proposed- where you wish to reserve the product and be able to purchase it. Only one (1) AIGLE store -among those proposed- can be selected per reservation.

4.4. Following the submission of a reservation, you will first receive an email from us by which we acknowledge receipt of your reservation. Such email is not a confirmation of the reservation.

You will then receive another email from us to inform you whether your reservation is declined (in particular if the product you wish to reserve is not available) or confirmed.

In case of confirmation of the reservation by us, the email (the “Reservation Confirmation Email”) will contain a QR code and specify the period during which the product is reserved (the “Reservation Period”).

4.5. If and when a reservation is confirmed, the reserved product can be purchased at the selected AIGLE store during the Reservation Period subject only to presenting the Reservation Confirmation Email in-store.

Please be aware that no verification of identity will be made at the time of purchase of a reserved product in-store. It is your responsibility to take all required precautions to safeguard your email account and prevent unauthorized access or dissemination of your emails, among which any Reservation Confirmation Email.

4.6. Payment for the reserved product is made at the relevant AIGLE store and this purchase is governed by the terms and conditions of sale of such AIGLE store.

4.7. Notwithstanding anything to the contrary herein, any reservation made through the C&R Service, even if confirmed by us, does not constitute a sale and purchase contract between you and us and is not a commitment from you to purchase the reserved product.

4.8. A reservation submitted to us (whether confirmed by us or not) cannot be modified but can be cancelled by contacting either our Customer Service or the AIGLE store selected during the reservation process.

If you do not purchase and collect a reserved product at the selected AIGLE store during the Reservation Period, your reservation will automatically expire.

4.9. We expressly reserve the rights in our own discretion to decline or cancel any reservation submitted through the C&R Service at any time for any reason, even if previously confirmed by us, without incurring any liability of any kind. You will be informed by email of any refusal or cancellation of a reservation.

4.10. For more details and information about the C&R Service, please refer to the dedicated page by clicking here.

If you have any questions regarding a reservation or the C&R Service, you can also contact our Customer Service or the AIGLE store selected during the reservation process.

 

5. PAY & COLLECT SERVICE

 

5.1. The Pay & Collect service (the “P&C Service”) offers you the possibility to purchase products presented on the Website and to collect them thereafter at an AIGLE store in Hong Kong (among those proposed).

5.2. Ordering and collection process

5.2.1. You can submit a purchase order on the Website through the P&C Service (a “Purchase Order”) either by registering as “Guest” or by registering (or, if you are already registered, by logging-in to your account) as member of our AIGLE Membership Club.

5.2.2. To submit a Purchase Order, you have to select the products you wish to purchase (with the desired size and/or colour as the case may be) as well as the AIGLE store -among those proposed- where you wish to collect the products. You also have to provide any additional information as required, such as payment information.

5.2.3. For each Purchase Order, not more than five (5) pieces of the same product in one colour and size can be ordered and only one (1) AIGLE store -among those proposed- can be selected for collection.

5.2.4. Following the submission of a Purchase Order, you will first receive an email from us by which we acknowledge receipt of your Purchase Order. Such email is not a confirmation of the Purchase Order.

You will then receive another email from us to inform you whether your Purchase Order is confirmed or not confirmed/declined. We expressly reserve the right, in our own discretion, to decline/not confirm your Purchase Order (including, without limitation, in the event the products ordered are, either in whole or in part, not available, if we reasonably believe that you do not use the P&C Service for personal use, etc.) and without incurring any liability of any kind.

In case of confirmation of the Purchase Order by us, the email (the “Order Confirmation Email”) will contain a QR code and specify the period within which, or the deadline by which, the products shall be collected at the selected AIGLE store (the “Collection Period”).

5.2.5. A Purchase Order which is submitted by you and confirmed by us constitutes a sale and purchase contract between you and us.

5.2.6. If and when a Purchase Order is confirmed by us, the purchased products shall be collected at the selected AIGLE store during the Collection Period and collection is subject only to (i) presenting the Order Confirmation Email and to (ii) signing off a collection receipt (the “Collection Receipt”) in-store.

Please be aware that no verification of identity will be made at the time of collection of the purchased products in-store. It is your responsibility to take all required precautions to safeguard your email account and prevent unauthorized access or dissemination of your emails, among which any Order Confirmation Email.

Please be also aware that we do not guarantee that the products can be collected after the end of the Collection Period and if they cannot, we do not guarantee either that a cancellation and refund of the related Purchase Order can be arranged for. Therefore strict compliance with the Collection Period is required. In the event of any problem or difficulty, please contact immediately our Customer Service or the AIGLE store selected for collection.

5.3. With respect to prices, payment and invoicing, please refer to the dedicated section 7 below.

5.4. Cancellation and modification of Purchase Order

5.4.1. A Purchase Order which has been submitted to us and which we have not confirmed yet cannot be modified but can be cancelled (i) in whole only, and (ii) by contacting either our Customer Service or the AIGLE store selected for collection.

5.4.2. Except in the specific case of defective products as set forth in Article 5.6 below, a Purchase Order which has been submitted to us and which we have confirmed:

-          cannot be modified;

-          can be cancelled only (i) in whole, (ii) within fourteen (14) days from the date of the Order Confirmation Email, provided that the products have not been collected in-store (and therefore provided that the related Collection Receipt has not been signed off in-store), and (iii) by contacting either our Customer Service or the AIGLE store selected for collection; in such case of cancellation, refund process will be arranged for (no refund being possible without cancellation);

-          cannot be cancelled after the expiry of the aforementioned fourteen (14) day period and/or after collection of the products in-store and signature of the Collection Receipt.

For more details and information about the cancellation and refund process and applicable conditions, please refer to the dedicated page by clicking here. You can also contact our Customer Service.

5.5. Exchange

5.5.1. Except in the specific case of defective products as set forth in Article 5.6 below, purchased products can only be exchanged within fourteen (14) days from the date of the Order Confirmation Email, subject to conditions, including without limitation the presentation of the original sales memo provided at the time of collection of the products in-store (the “Sales Memo”).

5.5.2. For more details and information about the exchange process and applicable conditions, please refer to the Sales Memo and to the dedicated page by clicking here.

5.6.  Defective products

In case you find that a product is defective after collection in-store, it must be returned to us with the related original Sales Memo for inspection. Please contact our Customer Service to have the details on the applicable return procedure. If the outcome of our inspection confirms that the product is defective, you will be offered the possibility to exchange it or to get a refund.

5.7. For more details and information about the P&C Service, please refer to the dedicated page by clicking here.

If you have any questions regarding a Purchase Order or the P&C Service, you can also contact our Customer Service or the AIGLE store selected for collection.

 

6. PAY & DELIVERY SERVICE

 

6.1. The Pay & Delivery service (the “P&D Service”) offers you the possibility to purchase products presented on the Website for delivery by the courier appointed by us (the “Courier”) to an address of your choice within the Hong Kong Special Administrative Region (the “Delivery Address”), provided that the Delivery Address can be delivered by the Courier.

6.2. Ordering process

6.2.1. You can submit a Purchase Order on the Website through the P&D Service either by registering as “Guest” or by registering (or, if you are already registered, by logging-in to your account) as member of our AIGLE Membership Club.

6.2.2. To submit a Purchase Order, you have to select the products you wish to purchase (with the desired size and/or colour as the case may be) and to specify the Delivery Address to which you want to be delivered. The Delivery Address may be either (i) a designated address which you have to fill in the fields provided for this purpose, or (ii) a pick-up point among those proposed to you, or (iii) a pick-up locker among those proposed to you. You also have to provide any additional information as required, such as payment information.

6.2.3. For each Purchase Order, only one (1) Delivery Address can be chosen. Therefore, in the event you would wish to be delivered to several locations, you would have to place several Purchase Orders, i.e. as many Purchase Orders as desired locations.

Besides, we reserve the right to limit the number of pieces of the same product in one colour and size which can be ordered.

6.2.4. Following the submission of a Purchase Order, you will first receive an email from us by which we acknowledge receipt of your Purchase Order. Such email is not a confirmation of the Purchase Order.

You will then receive another email from us to inform you whether your Purchase Order is confirmed or not confirmed/declined. We expressly reserve the right, in our own discretion, to decline/not confirm your Purchase Order (including, without limitation, in the event the products ordered are, either in whole or in part, not available, if we reasonably believe that you do not use the P&D Service for personal use, etc.) and without incurring any liability of any kind.

6.2.5 In case of confirmation of the Purchase Order by us, the email (the “Shipping Confirmation Email”) will contain the details of your Purchase Order, as well as delivery information and a direct link to the Courier’s website in order to track the delivery progress of your products.

6.2.6. If and when a Purchase Order is confirmed by us, the purchased products will be delivered to you by the Courier.

6.2.7. Please note that once your Purchase Order is submitted to us, it cannot be modified whether you have received the Shipping Confirmation Email or not.

6.3. Delivery

6.3.1. Delivery time

The delivery time will usually be within three (3) to ten (10) business days (i.e. excluding Saturday, Sunday and public holidays in the Hong Kong Special Administrative Region) from the date of the Shipping Confirmation Email, depending on stock availability and on your location. It may take slightly longer to deliver your products. Moreover, deliveries are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances. For this reason, even though we will make our best efforts to deliver your products within this delivery time, this latter is an estimate only and cannot be guaranteed; therefore, we shall not be held liable in anyway whatsoever in the event your products are delivered outside of it.

6.3.2. Delivery fees

You are informed of the delivery fees, including all taxes, in the Purchase Order summary before validation. These fees are payable by you in addition to the sales price of the products.

6.3.3 Delivery method

6.3.3.1. Delivery to an address designated by you

In case you have chosen to designate a Delivery Address when you placed your Purchase Order, your products will be delivered to it by the Courier. It is your responsibility to designate a correct, complete and accurate Delivery Address to ensure the successful delivery of your products.

Please note that the Courier will require a signature of an order receipt upon delivery and not hand your products over to you without it.

6.3.3.2. Delivery to a pick-up point

In case you have chosen to be delivered to a pick-up point, you will receive, from the Courier, a notification by SMS to inform you that your products are available for pick up at the selected pick-up point. In order to pick up your products at the selected pick-up point, you will have to confirm your identity and give the pick up code contained in the said SMS.

In the event you entrust someone to pick up your products on your behalf, this person will also have to confirm your name and to give the pick up code contained in the SMS to pick up your products.

Please note that upon receipt of the SMS, you will have six (6) calendar days to pick up your products.

6.3.3.3 Delivery to a pick-up locker

In case you have chosen to be delivered to a pick-up locker, you will receive, from the Courier, a notification by SMS to inform you that your products are available for pick up at the selected pick-up locker. This SMS will contain a verification code that you will have to enter in the locker to unlock your products and pick them up.

Please note that upon receipt of the SMS, you will have forty (40) hours to pick up your products.

6.3.3.4. Please refer to the dedicated page of the P&D Service by clicking here to find out what happens in the event you fail (i) to take delivery of your products at the Delivery Address designated by you, or (ii) to pick up your products within the required timeframe at the Delivery Address selected by you.

6.3.3.5. It is your responsibility to take all required precautions to safeguard your electronic devices and prevent unauthorized access or dissemination of your emails (among which the Shipping Confirmation Email) and of the SMS you may receive from the Courier as part of the delivery of your products.

6.4. With respect to prices, payment and invoicing, please refer to the dedicated section 7 below.

6.5. Return of products

6.5.1. You may return your products for refund or for exchange. Except in the specific case of defective products as set forth in Article 6.6 below, such return shall be made within fourteen (14) days from the date of the Shipping Invoice Email (such date also appears on Client Copy Memo in the delivery box) and subject to the terms of our return policy accessible by clicking here.

We expressly reserve the right to refuse your return, and therefore a refund or an exchange, in the event the products are not returned within fourteen (14) days from the Shipping Invoice Email and according to our return policy.

6.5.2. If you asked for a refund and you are entitled to it, we will process it as soon as possible, it being specified that the refund will be made by the issuer of the credit card used for the payment of your Purchase Order and normally within one (1) month, depending on each credit card issuer. We invite you to contact the issuer of your credit card for more details and status updates.

6.5.3. If you asked for an exchange, for more details and information about the process and the applicable conditions, please refer to the dedicated page by clicking here.

6.6.  Defective products

In case you find that a product is defective after having taken delivery of it, it must be returned to us with the related Client Copy Memo for inspection. Please fill in the corresponding form on the Website and you will be contacted by our Customer Service to have the details on the applicable return procedure. If the outcome of our inspection confirms that the product is defective, you will be offered the possibility to exchange it or to get a refund.

6.7. For more details and information about the P&D Service, please refer to the dedicated page by clicking here. If you have any questions regarding a Purchase Order or the P&D Service, you can also contact our Customer Service.

 

7. PRICES, PAYMENT AND INVOICING

 

7.1. The prices for the products presented on the Website are given in Hong Kong Dollar (HKD) and include all applicable taxes (if any), it being specified that the rate of such taxes is the one in force on the day the Purchase Order is submitted.

7.2. We reserve the right to change the prices at any time without notice, except the prices of the products for which a Purchase Order has already been submitted.

7.3. Payment for products ordered on the Website shall be made online using Visa, MasterCard or American Express credit cards only.

7.4. To submit a Purchase Order, valid credit card information is required to be provided.

Once the Purchase Order is submitted, a request/pre-authorization of direct debit from the credit card is made. A deduction of funds may already appear on the related bank account at this stage. Nonetheless actual payment is automatically debited upon confirmation of the Purchase Order by us (and not before).

7.5. For the avoidance of doubt, payment will not be charged if the Purchase Order is declined. If the Purchase Order is confirmed in part, only the price of the products confirmed will be charged.

7.6. Requests of debit and payments are subject to customary validation checks and authorization by the credit card issuer. If such authorization is not given or if there is any issue detected as part of the payment process, we will not confirm the related Purchase Order.

Notwithstanding anything to the contrary herein, if any issue with payment is detected after confirmation of the Purchase Order by us, we reserve the right in our own discretion to cancel the Purchase Order.

7.7. In the event of fraudulent use of your credit card on the Website, you must contact immediately our Customer Service.

7.8. The payment system on the Website is handled and secured by our technical provider Adyen Hong Kong Ltd., a company incorporated under the laws of the Hong Kong Special Administrative Region with Company Number 1807938 ("Adyen"),

Adyen is responsible for processing payments in compliance with PCI DSS standards and requirements and for ensuring the security of credit card information and payment data. Such information and data are encrypted using the SSL (Secure Socket Layering) technology.

7.9. For more details and information about payments, please refer to the dedicated page by clicking here.

7.10. After collection of the purchased products in-store (as part of the P&C Service) or after delivery of the purchased products (as part of the P&D Service), the corresponding invoice will be automatically sent to you by email. Please note that you will only be provided with an electronic invoice.

 

8. PRODUCTS

 

8.1. Products presented on the Website are subject to availability.

8.2. We cannot and do not guarantee that the products are exactly the same as their representation on the Website. There may be differences between the images and photographs of the products on the Website and the actual products due, for instance, to the resolution and/or the definition of the colours on your screen.

 

9. LIABILITY

 

9.1. The Website, its content, materials, functionalities, features and services are provided on an “as is” and “as available” basis and without any representations or warranties of any kind from us, whether express or implied, including without limitation representations or warranties of quality, title, non-infringement, merchantability, fitness for a specific purpose, availability, freedom from errors, from omissions, from virus or from other harmful components.

However we will use reasonable endeavors to correct any errors or omissions forthwith after we have been made aware of the same.

9.2. Access to and/or use of the Website, its content, functionalities, features and services are at your own risk and under your sole responsibility.

We shall not be liable for any losses or damages of any kind which you may incur as a result of or in connection with such access and/or use, whether direct, indirect, incidental, special, punitive, and consequential losses or damages and including without limitation loss of data, damage to your computer, tablet, smartphone or other electronic device.

We specifically remind you that it is your responsibility, among other things, to protect your computer, tablet, smartphone or other electronic device against risks connected to your access to and/or use of the Website, its content, functionalities, features and services, and more generally to your use of the internet. You shall also take all required precautions to safeguard your email account and prevent unauthorized access or dissemination of your emails.

9.3. We are not responsible for any delay or failure to comply with our obligations under these Terms and/or the Additional Terms if such delay or failure arises out of any event which is attributable to you or which is beyond our reasonable control, including without limitation technical failure or problem of infrastructure, of servers or of systems, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers, technical providers or contractors, acts or omissions of our suppliers, technical providers, contractors or other third parties.

9.4. The exclusions and limitations of our liability set out in these Terms (including, but not limited to, this Article 9) and/or any Additional Terms apply only to the fullest extent permitted under applicable law. Nothing in these Terms and/or any Additional Terms shall exclude or limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or any other liability which we cannot limit or exclude under applicable law.

 

10. LINKED WEBSITES

 

10.1. The Website may include links to other websites or resources ("Linked Websites").

10.2. We are not responsible for the set-up of or for the content available on any Linked Websites. Access to or use of the Linked Websites is at your own risk and responsibility and subject to any terms and conditions applicable to such Linked Websites.

10.3. By providing hyperlinks to Linked Websites, we shall not be deemed to (i) endorse, recommend, approve, guarantee or introduce any third parties or the services/products that such third parties provide on their own website, (ii) have any form of cooperation with such third parties and Linked Websites, or (iii) be a party to any contractual arrangements entered into between you and the Linked Websites unless otherwise expressly specified or agreed to by us.

 

11. FEEDBACK AND COMPLAINTS

 

11.1. We welcome any comments about the Website, its functionalities, features and services in order to continuously improve them. Besides our aim is to deal with any problems quickly and fairly.

11.2. If you wish to provide us with comments or if have any complaint, please contact our Customer Service.

In case of a complaint, please state clearly the reason of your complaint and we will do our best to respond to you within seven (7) working days.

 

12. CUSTOMER SERVICE

 

You can contact our Customer Service:

-          via email to service.hk@aigle.com;

-          via the “Contact Us” section on the Website; or

-          via phone at +852-24256226, from Monday to Friday (excluding public holidays in Hong Kong), between 10 am and 5 pm.

 

13. ALTERATION AND AMENDMENTS

 

13.1. We reserve the right to make changes at any time and without notice to the Website, its content, materials, functionalities, features and services, to our policies and/or to these Terms and/or the Additional Terms.

13.2. Your access to and/or use of the Website and its functionalities, features and services is subject to the policies and Terms and Additional Terms in force and as published on the Website at the time of access and/or use, unless otherwise required by law or any authority.

 

14. MISCELLANEOUS

 

14.1. These Terms and the Additional Terms are governed by the laws of the Hong Kong Special Administration Region and you, and we, hereby submit to the exclusive jurisdiction of the Hong Kong courts in relation thereof.

14.2. If any of the provisions of these Terms and/or the Additional Terms is held to be illegal, invalid or unenforceable for any reason, that provision will be deemed severable and will not affect the legality, validity and enforceability of the remaining provisions.

14.3. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and/or the Additional Terms provided that your rights under these Terms and/or the Additional Terms are not affected. In the event of any such transfer or assignment of our obligations under these Terms, you agree that you shall release us from any of our obligations under these Terms, provided that the relevant transferee agrees to assume any and all such obligations. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and/or the Additional Terms without our prior written consent.

14.4. These Terms and the Additional Terms are established in English. In the event these Terms and/or the Additional Terms are also published in another language and there is any inconsistency or discrepancy, the English version shall prevail.

 

© Aigle. This Website Products info & photos is for reference only. For further product information, please visit our stores.