Terms of service
Terms & Conditions
IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
CONTENTS
- GENERAL >
- USE OF OUR SERVICES >
- PRIVACY & COOKIE POLICY >
- ERRORS >
- TRADE RULES >
- INTELLECTUAL PROPERTY AND OWNERSHIP >
- THIRD PARTY LINKS AND RESOURCES >
- TEXT MESSAGING PROGRAM >
- EVENTS BEYOND OUR CONTROL >
- LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS >
- LIMITATION OF LIABILITY >
- LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA >
- LEGAL TERMS >
- CONTACT US >
1.GENERAL
1.1 Scope.Ā Welcome to Voluptique.com. This Terms & Conditions (āAgreementā or āTermsā) is a contract between you and Voluptique (collectively, āVoluptique,ā āweā, āusā or āourāļ¼registration number 3112204), governing your use of our website at Voluptique.com (the āSiteā), any mobile applications (āAppsā) that hyperlink to this Agreement, or any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the āServicesā).
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile applications, registering an account, or contributing content or other materials to the Site or on or via the Apps, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.
In addition, you may read our Privacy & Cookie Policy at any time for more information about how Voluptiquecollects, stores, and protects your information when you use the Services. Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms & Conditions as though fully set forth herein.
1.2 Updates to the Terms.Ā We reserve the right to modify the Terms of Use, including the Privacy & Cookie Policy, at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner.
Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
1.3 Acceptance of Terms.Ā To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime at our Customer Service.
2.USE OF OUR SERVICES
2.1 Representations.Ā When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Voluptique hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Voluptique in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by Voluptique in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by Voluptique in advance. Voluptique reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful. Voluptique may assign you a password and account identification to enable you to access and use certain portions of the Services.
Additionally, you agree not to:
Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyoneās use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other partyās use of the Services;
Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination.Ā In order to access some features available on the Services, you will have to create an account. You may not use another personās account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement, and Voluptique has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Voluptique of any unauthorized use of your password or identification or any other breach or threatened breach of the Site or App's security.
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages.
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the āContact Usā section below.
2.4 Customs.Ā In accordance with Customs regulations customers must provide valid and accurate data. All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customerās sole responsibility for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not be held responsible and will not offer any compensation in such cases. As the importer, customers are responsible for complying with all laws and regulations in their own countries. Please refer to our Privacy & Cookie Policy for more information.
3.PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy .
4.ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of our Services, you can modify them in the section "My Account". In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy & Cookie Policy through our Site and Apps. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service to correct the error.
While Voluptique strives to provide accurate product and pricing information, pricing or typographical errors may occur. Voluptique cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Voluptique shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5.TRADE RULES
5.1 Price and Payment.Ā All prices are exclusive of Sales & Use Tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. All prices are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus Sales & Use Tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Shop Pay, Apple Pay, Google Pay, Paypal.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
5.2 Colors.Ā We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
5.3 Packing.Ā Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
5.4 Shipping & Delivery. Voluptique ships from different warehouses in different countries. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 60 business days, please contact our Customer Services.
5.5 Title and risk of loss.Ā Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Voluptique for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Voluptique in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Voluptique until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Voluptique.
5.6 Return of product.Ā Goods can be returned in designated period. The exact return period and return policy differs from country to country. Please contact our customer service for the detailed information. Customers returning goods are responsible for freight charges.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid either to the original method of payment.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear.
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6.INTELLECTUAL PROPERTY AND OWNERSHIP
6. Content.Ā The Site and Apps, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, āContentā) provided as part of the Services belong at all times to Voluptique or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.
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7.THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8.TEXT MESSAGING PROGRAM
8.1 Enrollment.Ā If you enroll in our text messaging (SMS) program, you will be asked to consent expressly, evidenced by providing your mobile telephone number, a specified keyword, or an affirmative text response. You agree to receive recurring automated marketing messages sent by us or our vendors using a short code or toll-free number to the mobile number you provided. Such consent is not a condition of making any purchase.Ā
General Terms & Disputes. Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you and Shine Yee have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
8.2 Opting Out.Ā You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan.Ā As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. You represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at cs@plesaro.com immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
8.5 Participation Subject to Termination or Change.Ā We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
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9.EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.
10.LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
10.1 Shine Yee Liability.Ā Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence;
- in case of fraud or fraudulent deceit; or
- in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability.Ā Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data;
- loss of business or management time.
10.3 Warranties.Ā Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
11.LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Voluptique TO YOU.
(1)BY USING THE SERVICES PROVIDED BY Voluptique, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN āAS ISā AND āAS AVAILABLEā BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Voluptique EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2)WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
12.LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA
Please Read the Following Clauses Carefully ā It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
12.2 Dispute Resolution
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity or termination thereof, shall be referred to and finally resolved by arbitration administered by the Asia Pacific International Arbitration Chamber Hong Kong Arbitration Center in accordance with its UNCITRAL Arbitration Rules in force when the Statement of Claim is submitted. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English and any non-English language documents presented at such arbitration shall be accompanied by an official certified English translation thereof. The number of arbitrator(s) shall be one. The law applicable to the arbitration shall be the laws of United State of America. The arbitral award shall be final and binding on both parties.
14.CONTACT US
We welcome your questions and comments about our privacy practices or these terms. You may contact us anytime through Customer Service. (Email cs@plesaro.com )