General terms and conditions of sale
- The sale of untitlab™ branded items through the website www.untitlab.com is governed by the following general terms and conditions of sale, as amended from time to time (“terms and conditions”). The items offered on the website are sold directly by untitlab fashion co., ltd. untitlab™ is a company incorporated under the laws of the people’s republic of china, with registered office at jingle road 228, building 7, langxia town, jinshan district, shanghai, prc.
- The sale of items through the website is restricted to consumers (hereinafter referred to individually as "customer" or, collectively, "customers"), meaning natural persons acting for purposes not related to business, entrepreneurial, or commercial activities, and over the age of 18 years (or, if younger, authorized by their legal guardian). The resale or transfer of the items purchased on the website for any business, entrepreneurial or commercial purpose whatsoever is expressly prohibited.
- The languages used to execute sale contracts through the website is english which shall be equally valid as chinese version.
- The terms and conditions are published on the website for customer’s information, storage and reproduction purposes, in compliance with the applicable laws currently in force.
- The purchase of items is exclusively governed by the terms and conditions of sale published on the website and in force at the time of the relevant purchase. untitlab™ reserves the right to amend and/or replace the terms and conditions at any time. any amendments and/or replacements shall only be effective in respect of purchases made after the date the amended or new version of the general terms and conditions of sale is published and is stated to take effect. the amendment or replacement of the terms and conditions with a new version automatically results in the non-applicability, ineffectiveness and non-enforceability of the previous version of the terms and conditions with respect to purchases made after such previous version of the terms and conditions is removed from the website or the new version of the terms and conditions is stated to have effect.
2. Item availability
- You shall acknowledge that the items offered by untitlab™ on the website (hereinafter referred to as the "items") are limited in quantity and that we need to check our availability at the time of the purchase.
- Occasionally certain items may be unavailable. In such circumstances, untitlab™will inform you promptly by email or telephone call that the order placed has been cancelled, or inform you that the delivery would be delayed.
- untitlab™ reserves the right to vary the items offered for sale on the website at any time, without any notice.
3. Purchasing process
- Each item offered for sale on the website can be viewed by following a dedicated link displaying the item’s photographic images, unit price, colours, sizes (if applicable) and, for those items expressly marked on the website as “pre-order” “pre-ordered product” or “personalized”, being not yet available for delivery, the estimated date which the pre-ordered items or personalized items shall be delivered.
- You may purchase one or more items, except as otherwise provided for certain types of items. untitlab™ reserves the right to vary at any time the limitations to the number of items that can be purchased through the website.
- The items selected for your purchase shall be placed into a special section (hereinafter referred to as the "shopping bag"). Items in the shopping bag are not reserved and may be purchased by others. you can view the description of the items in your shopping bag, including measurements or sizes (if applicable), together with one or more photographic images in digital format showing the items.
- Although untitlab™ takes reasonable steps to ensure that the photographs displayed on the website accurately reflect the original items, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the customer, and untitlab™ shall not be responsible for any possible inadequacy of the graphic representations of the items displayed on the website. Any measurements of the items given are approximate only, and colours, fabrics and designs of the items displayed, and the items delivered to you, may vary in minor respects.
- To view the items selected and the total price of any proposed purchase order, you may visit the shopping bag page. Before confirming the relevant order (hereafter referred to as the "order"), you are responsible for checking the accuracy of the contents of the shopping bag and filling in the order form in accordance with the instructions provided on the website.
- The order process is completed as soon as you have completed payment, thereby confirming the order, which will be directly submitted to untitlab™. after payment has been completed, you may no longer modify the contents of the order.
- Before confirming the order, you must confirm that you have read and accepted the terms and conditions. You are advised to save or print the terms and conditions at the end of the purchasing process.
- Unless the order process is fully completed, the order cannot be submitted to untitlab™.
- If you have registered at the website, you may check your order status by logging onto such area and accessing the ‘my account’ page.
- You are responsible for the accuracy and truthfulness of any data entered on the website or otherwise used at the time of the purchase.
- You may have the opportunity to pre-order on the website a selection of items before their commercial launch or distribution and placement in the market. These items are clearly defined and marked on the website as “pre-order” or “pre-ordered product”. You shall acknowledge that such pre-ordered items are not yet available for delivery at the time of placing your order. You may also have the opportunity to order on the website a selection of items which can be personalized in the manner described on the website. These items are clearly defined and marked on the website as “personalized”. You shall acknowledge that such personalized items may not be available for immediate delivery at the time of placing your order.
- You shall acknowledge and agree that if you order a pre-ordered product or personalized product, the relevant price shown on the website and displayed in the shopping bag section shall be charged in advance to the customer. The pre-ordered product or personalized product will be delivered you on or around the estimated date specified in the product page description and/or in the shopping bag section. If any order you placed relates to one or more pre-ordered items or personalized items in addition to items currently available for delivery, all items will be shipped together on or around the estimated delivery date specified in the product page description and/or in the shopping bag section for the pre-ordered items and/or personalized items.
- Except as otherwise provided in the terms and conditions in relation to pre-ordered items and personalized product, all the terms and conditions will apply to the sale of pre-ordered items and personalized product on the website.
4. Execution of contract
- Information on the website shall be treated as invitation only and is not an offer or unilateral contract. The customer agrees that any order placed by the customer is an offer to purchase the items listed in the order on the terms and conditions. All orders submitted are subject to acceptance by untitlab™. Upon confirmation of the order by the customer, the order is submitted to untitlab™ for processing and cannot be further modified or cancelled by the customer. The order placed by the customer shall only be processed by untitlab™ if the entire order process has been duly completed, without any error being reported by the website. After the customer has successfully placed an order, untitlab™ will send an email to the customer acknowledging that untitlab™ has received the order. However, this does not mean that untitlab™ has accepted the order.
- The contract by and between untitlab™ and the customer shall be deemed to have been made as soon as untitlab™ sends to the customer a confirmation email which shall confirm untitlab™’s acceptance of the order and indicate the order number. the confirmation email shall be sent to the email address indicated by the customer in the order form.
- untitlab™ reserves the right not to accept order (including parts of orders) placed by a customer for any reason at its discretion, without liability to the customer. untitlab™ may choose not to accept the customer order in any of the following events: a) the items included in the order are unavailable or temporarily unavailable (except in the case of pre-ordered items); b) there is a dispute between untitlab™ and the customer relating to a previous order and the responsibility is on the customer side; c) the customer has breached the terms and conditions on previous occasions or has not fulfilled the obligations arising therefrom; d) untitlab™ has grounds to suspect that the customer is purchasing the items in order to resell them or sell them for business, entrepreneurial, or commercial purposes; e) the customer has been involved in, or is suspected of involvement in, illegal or fraudulent activities; f) untitlab™ has grounds to suspect that any data entered on the website by or in relation to the customer are or may be inaccurate or untrue; g) if the customer orders multiple quantities of an individual product and such items are to be shipped to any one customer or delivery address; h) if untitlab™ is unable to obtain authorization of the customer’s payment; i) if shipping restrictions may apply to a product. the decision of untitlab™ as to the non-acceptance or cancellation of any order shall be binding on the customer. In the event of non-acceptance of any order, untitlab™ shall inform the customer by email, within 30 days of the date of receipt of the order, of the non-acceptance of the order received. In such case, that order shall be deemed to have not been accepted by untitlab™ and no contract shall be deemed to have been entered into and between untitlab™ and the customer. The customer shall be promptly reimbursed the amount paid to untitlab™ by the customer in respect of an order in the event of non-acceptance of any order. If the non-acceptance is only partial due to the unavailability of some of the items ordered, the customer shall only be charged for the price of the items actually purchased.
- If parts of information on the website are treated as offer, then for such information the contract shall be deemed to have been made as soon as the customer summits the order to untitlab™. Even though the contract has been made, if the situation listed from b) to i) in article 4.3. Occurs, the customer agrees that untitlab™ can dissolve the contract by sending a termination sms (hereinafter referred to as the "termination sms"). If the situation a) listed in article 4.3 occurs, namely the items included in the order are unavailable or temporarily unavailable, the customer agrees that the delivery would be delayed and the actual delivery time would be notified by untitlab™, or subject to the agreement by the parties the merchandise items would be replaced by other items, or the customer may get a refund by untitlab™. After the contract is terminated, if the customer has paid the purchase price but the purchased product is not shipped, the customer will receive a refund of the payment for the order in time. If the purchased product is shipped, the customer will need to return the product and ensure that the items are intact and complete, and the customer will also receive a refund of the payment for the order in time. If the situation listed in b)-i) of article 4.3 occurs, and cause untitlab™ to suffer losses, untitlab™ may require the customer to compensate such losses accordingly.
5. Price and method of payment
- The prices of items offered for sale on the website are inclusive of vat.
- The relevant prices shall be shown in dollars.
- The total price displayed in the shopping bag includes shipping costs. in any event, untitlab™ shall seek your express consent to charge any additional fees.
- The prices shown on the website and displayed in the shopping bag shall upon your confirmation of the order by pressing the relevant final order confirmation button (buy button) be charged to you. untitlab™ reserves the right to modify the prices of the items offered for sale on the website at any time and without notice.
- untitlab™ only accepts paypal, credit cards, debit cards, and the other payment methods expressly indicated on the website.
- For the purposes of credit card or debit card payments, you shall confirm and warrant that you are the owner, or have been authorized by you to use, the credit card/debit card used for the purchase, and the accuracy of all the relevant data entered at the time of purchase, including but not limited to: credit card/debit card number, expiry date and, if applicable, the security code. untitlab™ takes no responsibility for, and is not under any duty to verify, your ownership of or authorization to use such credit card/debit card, or the accuracy of the relevant data entered at the time of purchase. You shall acknowledge that you are well aware of the risks of online payment. In order to prevent losses, you shall keep good care of your account information, bank account information and any electronic payment account information. When you have finished using this website, you should log off safely. If you find anyone else fraudulently using or stealing your account information, bank or other electronic payment account information, you should inform untitlab™ immediately and effectively; you may also contact client services to suspend or stop your services. transaction amounts shall be charged to you only following: (i) the verification of the credit card/debit card data, and (ii) receipt of the debit authorization from the company or the bank issuing the credit card/debit card you used.
- For the purposes of payment otherwise than by credit card/debit card, you confirm and warrant that you are the owner of or have been authorized by the owner to use, the account used for the purchase. untitlab™ takes no responsibility for, and is not under any duty to verify, your ownership or authorization to use such account.
- All credit/debit cardholders and payment account holders are subject to validation checks and authorization by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorize payment, untitlab™ will not accept your order or be held liable for any delay or non-delivery. untitlab™ is not obliged to inform you the reason for the refusal.
- untitlab™ is not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of untitlab™’s processing of your credit/debit card payment or other method of payment in accordance with your order.
- If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore untitlab™ shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the website.
- The purchased items shall only be shipped after your due payment of the amount owed. in the event you cannot be charged the amount due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled.
- untitlab™ endeavours to ensure that all pricing information on the website is correct. Occasionally, however, an error may occur and items may be mispriced. If an item’s correct price is lower than the price stated on the website, untitlab™ will either charge the lower amount and send you the item or cancel your order. If an item’s correct price is higher than the price stated on the website, untitlab™ will, at its discretion, contact you and ask you whether you wish to proceed with the order at the correct price, or cancel the order and notify you of such cancellation. untitlab™ will not be obliged to supply items at an incorrect price.
- The items shall be delivered to the address you indicated in the order. Your signature or a third party designated by you in the order shall be required upon delivery of the items. untitlab™ shall not be responsible for verifying the identity of the person signing to accept delivery. In the event that untitlab™’s designated courier is unable to deliver the items to the address you indicated in the order within five days of the first delivery attempt, untitlab™ may cancel the order and notify you of such cancellation. In such event, untitlab™ shall refund the purchase price of the items to you.
- untitlab™ shall not process any order addressed to a post office box or accept any order from a customer who untitlab™ suspects may not be a natural person.
- untitlab™ shall not be responsible for any delay in delivery or failure to deliver items if your delivery address as provided on the order form is incorrect or incomplete.
- In compliance with the applicable laws currently into force, the term within which untitlab™ is required to deliver the items purchased is within 30 (thirty) days of the date of execution of the contract, or in the case of pre-ordered items, personalized items, or any order including a pre-ordered product and/or personalized product, on or around the estimated delivery date for any pre-ordered product and/or personalized product included in the order shown to you on the product page description and/or in the shopping bag section, except, in any case, in the event of force majeure, or unforeseeable circumstances.
- In the event that untitlab™ does not deliver the items ordered within the above term, you may request that untitlab™ deliver such items within an additional period appropriate in the circumstances, in accordance with the applicable laws currently in force. both shall in any event have the right to immediately terminate the contract if the item ordered is not delivered within the additional term specified. your sole remedy for any failure to deliver your order shall be the right to cancel the relevant order and receive a full refund of any monies paid to untitlab™ for that order.
- untitlab™ reserves the right to split an order into multiple shipments, according to the availability of the items. In this case, untitlab™ shall inform you by sms or email.
- When the purchased item is shipped, your mobile phone shall be sent a sms to number indicated in the order. Such sms shall contain a shipment tracking code. untitlab™'s client service may provide assistance required for any potential problem relating to delivery. You may contact untitlab™'s client service by email at: [email protected]
- You shall bear the risk of loss or damage to the items from the moment that they are delivered in accordance with clause 6.1. in the event, on the other hand, that the loss or damage to the product occurs prior to the physical delivery in accordance with clause 6.1, untitlab™ shall refund to you any amounts you have already paid.
7. Item conformity
- At the time of delivery, you are responsible for checking the items delivered to confirm that you match the items ordered and that you do not show any manufacturing defects or lack of conformity.
- In the event of a manufacturing defect in the items ordered, you shall be entitled, within a period of time from the date of delivery of the items to demand that the item be repaired or replaced (at untitlab™’s discretion), excluding special items such as made-to-order items. You may contact untitlab™'s client service by email at: [email protected] for more details.
- In order to report item defects and demand one of the remedies listed above, you may contact us as indicated in section 12 below.
8. Returns, refunds and exchanges
- Except in the case of special items such as personalized items indicated as not returnable, you have the right to return or exchange any items ordered within 7 (seven) days of the date of delivery of the items to your address. For split orders, the relevant term shall begin on the day of delivery of the last product.
- Before you send out your items, you shall via email: [email protected] to apply for a return/refund, notifying us the reasons, your account for purchase, and other information. We will process your application and provide a shipping label for you.
- In order to exercise the right of withdrawal, you must follow the instructions and the procedures sent out on the return information form enclosed with the items.
- Items must be returned in the same condition in which they were delivered and should be packed in their original packaging. You must therefore ensure that the items are intact and complete, that they have never been used, worn or damaged in any way, and are equipped with all the labels, tags and security tags, correctly attached in their original positions, as they were received with, together with the original vat invoice.
- In the event that you comply with the procedure set forth in the preceding paragraph, you can send the parcel containing the items to be returned by cash on delivery using the label that we send. For return or exchange non-quality problems items, you will be responsible for the shipping and duty cost. We will charge the cost from the refund with invoice send to your email. If, on the other hand, you do not comply with such procedures, you shall be responsible for the return costs and any liability for loss, theft, damage or delay in the delivery.
- You shall undertake to return the items for which you have exercised the relevant right of withdrawal without undue delay and, in any case, within 7 (seven) days of the date the exercise of the right of withdrawal is notified to untitlab™.
- untitlab™ will check the condition of each item returned, and the substantial integrity of such item, and its labels, tags and security tags are an essential requirement for the exercise of the right of withdrawal. untitlab™ reserves the right to reject the return of such items that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes. in the event the return is rejected, untitlab™ will send a specific notice to you and will consequently not proceed to credit your amount paid, reserving as well the right to recover compensation for any damage attributable to you.
- untitlab™ refunds any amounts due for the items returned without undue delay and subject as provided below, within 14 (fourteen) days of the date on which untitlab™ becomes aware of the exercise by the customer of the right of withdrawal. in any event, untitlab™ reserves the right to withhold the refund either until receipt and verification of the item returned. the aforementioned refund shall be made by crediting the amount paid by using the same payment method to the same card or account used for the purchase, unless otherwise you expressly agreed and provided that no costs are incurred as a result of the refund. untitlab™ will confirm the refund to you by sms or email.
untitlab™ is under no obligation to refund the delivery costs of the items in the event you have selected a delivery method other than the standard delivery offered by untitlab™.
If you wish to exchange the item you purchased, you shall follow the same instructions as returns. We will then hold the item for you and as soon as we receive your return, we will ship it to the address from your original order. You will receive a shipping confirmation email when the package has been dispatched.
The return of items under this section is only permitted in respect of purchases made on the website.
Unless the mistake is on untitlab™ side, you will be responsible for paying for your own tax costs for returning your item.
9. Limitation of liability
- Except in the event of willful misconduct or gross negligence, untitlab™ shall in no way be liable to the customer for any loss of goodwill or reputation that may arise from the purchase of the items offered for sale on the website or otherwise arising out of or in connection with the website.
- Subject to sections 6.5 and 9.1, except as specifically provided by law, the aggregate liability under these terms and conditions of untitlab™ whether arising under contract, tort (including negligence) or otherwise shall in no event exceed 100% of the price of the relevant product the customer has ordered from untitlab™.
- untitlab™ will not be held responsible for any delay or failure to perform or comply with its obligations under these terms and conditions if the delay or failure arises from any cause which is beyond untitlab™’s reasonable control.
10. Item authenticity and intellectual property rights
- untitlab™ warrants the authenticity of all the items offered for sale on the website.
- The untitlab™ trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on untitlab™ items, relevant accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of the untitlab™ group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
- All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the website (the "content"), is either owned or licensed by untitlab™ (or a untitlab™ group company), and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
- Subject to these terms and conditions, untitlab™ grants the customer a revocable and non-exclusive licence to access and make personal use of the website limited such that it does not include the right to: (a) use the website in any way which may prejudice or damage the reputation of untitlab™; (b) use the website for any commercial or business purposes. The website is for customers’ personal use only; (c) use software robots/spiders/crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on untitlab™’s infrastructure.
- untitlab™ may terminate the limited licence set forth in this section at any time in its sole discretion without prejudice to any other remedy untitlab™ may have against the customer pursuant to applicable law for any reason whatsoever and/or for any breach of these terms.
- untitlab™ endeavours to ensure that the information posted by it on the website is accurate and complete. untitlab™ does not, however, guarantee that the content or any other information available on the website is accurate and/or error free, untitlab™ does not promise that the functionality of the website or content will be error-free or that the website, content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful, or that the website will not be hacked. untitlab™ recommends that all users of the internet ensure they have up to date virus-checking software installed.
- The terms and conditions are governed by the laws of the people’s republic of china and shall be construed accordingly.
- Unless otherwise provided by law, in the event of a dispute arising from the interpretation and/or application of the terms and conditions, the competent court in the district where untitlab™’s office is located, namely xu’hui district court in shanghai, shall have exclusive jurisdiction.
- The terms and conditions are severable. If any provision of the general terms and conditions is judged to be invalid or unenforceable, such provision shall be deemed as deleted and others shall remain valid and enforceable.
- Data recorded on the website concerning the customer’s orders and transactions relating to items shall be deemed to be a complete and accurate record.
12. Contact details
For any complaint, additional information or assistance relating to the website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the general terms and conditions of sale hereof, you may send an email to the following address: [email protected] .