Terms and Conditions
Terms & Conditions
(Effective Date: December 1st, 2018)
DEFINITION OF TERMS
In these Terms, the terms “FIVESEASONSTUFF,” “we,” ‘’our’’ and “us” refers to www.fiveseasonstuff.com.
In these Terms, the terms “you”, “your”, “yourself”, refers to the user or visitor accessing the Site, registered or otherwise.
CHANGE OF TERMS
We may, from time to time, change the terms that govern your use of our Site. We may amend, update, move or remove portions of, or may add to, our Site from time to time. If there are material changes to the Terms, we will notify you by email or through a message posted on the Site. Be aware to check for updates before using the website as the latest version of terms and conditions will apply. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.
USING THE SITE AND MAKING A PURCHASE
In order to accept the Terms and to use the Site, you must be at least eighteen (18) years of age ("Minimum Age"). If you are under the age of eighteen (18), we require consent from your parent or legal guardian for your eligibility. The Site is not intended for users under the Minimum Age.
By using the Site, you hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) to use the Site if you are under the Minimum Age; (c) you have all the applicable rights and authority to grant FIVESEASONSTUFF the rights granted in these Terms, and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.
SUBMISSION OF USER CONTENT: COMMENTS, IMAGES, VIDEOS, AND OTHER CONTENT
For any content you provide to FIVESEASONSTUFF, on, to or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site (such as feedbacks, reviews and interactions with the Site or with other users on this Site) or other websites such as Facebook, Snapchat or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #FiveSeasonStuff (collectively, 'User Content'), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with FIVESEASONSTUFF (“IP License”). The IP License includes, for example, and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances, FIVESEASONSTUFF may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide FIVESEASONSTUFF in connection with your content.
FIVESEASONSTUFF is not and shall not be under any obligation (a) to maintain any User Content in confidence; (b) to pay you any compensation for any User Content; (c) to credit or acknowledge you for User Content, or (d) to respond to any User Content.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in FIVESEASONSTUFF’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook, Snapchat or Instagram that may interact with this Site.
You are and shall remain solely responsible for any User Content you submit on the Site. You agree that FIVESEASONSTUFF may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
If you do not want to grant FIVESEASONSTUFF the permission set out above on these terms, please do not submit User Content.
PLACING ORDERS AND CONTRACT CREATION ON THE SITE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with FIVESEASONSTUFF, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. FIVESEASONSTUFF retains the right to refuse any request made by you, and FIVESEASONSTUFF reserves the right to close your FIVESEASONSTUFF account at its sole discretion. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be FIVESEASONSTUFF or may in some cases be a third party. Where a contract is made with a third party, FIVESEASONSTUFF is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. You can review/amend your order at any time before clicking on the "PLACE ORDER" button. Unfortunately, orders cannot be amended once they have been placed.
Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. As your product or products is/are shipped from the warehouse we will send you a dispatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The dispatch confirmation email will contain:
Order details; Anticipated delivery date for your order or orders (if shipped separately); Information regarding your right to cancel the contract formed with us, if applicable in your country.
Please check the details of the order confirmation email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Customer Services by email at firstname.lastname@example.org.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Further, we will not be held responsible for delays due to customs or delays due to logistics companies, couriers, postal operator and the like such as staff shortage, unforeseen and uncontrollable circumstances, etc.
We are responsible for shipping in a timely shipping, shipping to provided shipping address only and with a valid tracking number.
LICENSE, ACCESS AND RESTRICTIONS OF USE
Subject to your compliance with these Terms and Conditions, FIVESEASONSTUFF rants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Site.
Except as permitted in these Terms, none of the material may be reproduced, distributed, sold, resold, republished, downloaded, displayed, posted, transmitted, copied or otherwise make commercial use of any content from the Site in any form or by any means unless approved by FIVESEASONSTUFF. We reserve the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to Site.
All content available on the Site including logo, photographs, images, text, audio, video and data compilations, messages or other material appearing on this Site (herein collectively, “Content”) are the property of and owned by FIVESEASONSTUFF or it’s licensors. Any attempt of tampering, misusing, abusing our content, copyright infringement, trademark infringement will not be tolerated. All rights are reserved by FIVESEASONSTUFF.
You are expressly prohibited from using any Content without the express written consent of FIVESEASONSTUFF or its licensors. Except as otherwise stated in these Terms, Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained and source properly cited, such as sharing a product, your order or images on social media such as Facebook, Instagram, Twitter or Pinterest. You may not, without express written permission from FIVESEASONSTUFF, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
FIVESEASONSTUFF is a registered trademark or trade name. FIVESEASONSTUFF disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of this mark may be made without the prior written authorization of FIVESEASONSTUFF. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. FIVESEASONSTUFF disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of FIVESEASONSTUFF.
CONTESTS, PROMOTIONS AND LUCKY DRAWS
Any contests, promotions or lucky draws described or posted on this Site; or communicated by email relating to such contests, promotions or lucky draws about such event on this Site, shall be governed by the rules regulating such event.
PRODUCT INFORMATION, PRICING AND DISPLAY
We try our best to confirm all details, product information and prices displayed on the Site are as accurate as possible. If you ever notice an error please relate this information to us immediately. To the extent permitted by applicable laws, the prices displayed on the Site are quoted in U.S. Dollars. Depending on user preference, settings may include reference to, in addition to U.S Dollars, another currency form and option to make a purchase in that currency. Should a discrepancy arise due to pricing error in another form of currency other than U.S. Dollar, then prices quoted in U.S Dollar shall prevail. Size measurements are approximate; please refer to the size guide for details.
We reserve the right to change our product prices at any time without notice. If after a price change and there are items in your shopping cart prior to a price change, but not yet paid for, we guarantee the price for one week from when the order was placed. After one week, the original price in your cart will change to the updated price without notice.
Every effort is made to display, as accurately as possible, the actual colors of our products that appear on the Site. As colors differ between a monitor’s display, we cannot guarantee the actual color on your monitor is accurate.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent links contained on this Site to outside resources and services, you are aware FIVESEASONSTUFF does not control the availability and content. Any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. You understand and agree that FIVESEASONSTUFF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
ACCOUNT SIGN UP AND TERMINATION
A FIVESEASONSTUFF account is used to ensure better shopping experience for you on our website. According to Section ‘Protection of Minors’, anyone wishing to sign up for FiveSeasonStuff account must be above 18 years old. The personal information entered in your account will be safely secured. All payments made will be through one of the third-party payment options we offer. Your financial information will not be revealed to us. Once you have signed up, you are automatically included in the loyalty rewards program. Any purchases made while signed in to your FiveSeasonStuff account will be awarded points. For more details please refer to the FiveSeasonStuff Loyalty Reward and VIP Program Terms and Conditions.
You may terminate the Terms at any time. If you wish to terminate your FiveSeasonStuff account, please notify us via email. Please note that once your account is closed, you will also withdraw from the loyalty reward program. All unused points and coupons are non-transferable and will be cleared. The Terms are effective unless and until terminated by either you or FiveSeasonStuff. We also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in our sole discretion that you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or FIVESEASONSTUFF, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.
GIFT CARDS, COUPONS AND PROMO CODES
FIVESEASONSTUFF Gift Cards can be purchased on the Site for use to purchase items only on www.fiveseasonstuff.com. It can also be used to cover shipping cost when purchasing other items. Purchases will be deducted from the card value until the balance reaches zero.
Gift cards can’t be returned once purchased; can’t be used to purchase another gift card or be used outside of the Site. FIVESEASONSTUFF Gift Cards do not expire. Multiple gift cards can be used for the single transaction (up to 5 gift cards). Gift card funds are transferable to any third party. PLEASE SAFEGUARD AND KEEP THE GIFT CARD CODE(S). FIVESEASONSTUFF IS NOT RESPONSIBLE FOR ANY LOSS INCURRED AFTER ISSUANCE.
Coupons are only available to customers with a registered FIVESEASONSTUFF account. Coupons can be earned through promotions, by participating in the loyalty reward and VIP program. All coupons are stored in your FIVESEASONSTUFF account and can be viewed in My Account, if applicable.
Coupons can be applied to total purchase on ‘check out’ page, but cannot be used when there are discounted items included in your purchase or other coupons or promo code that has already been applied.
Coupons earned from promotions will expire by the end of specified promotion period unless expressly written; coupons earned as part of the VIP program may expire when new ones are available.
Promo codes are available from certain promotions that are run every now and then. Any customer, who is aware of the promotion and acquires the promo code, is eligible to use it. When using a Promo Code on the ‘check out’ page so it can be applied to your total order. you can copy and paste from your account or enter the code exactly as it was given.
A Promo code can’t be used in conjunction with other promo codes or coupons. It does not cover the shipping cost. Promo codes will expire by the end of the promotion period. All other conditions of the promo code will be clearly stated for that particular promotion. Please read carefully before using it.
Please note that any items purchased using Coupons or Promo Code are inapplicable for return and refund. Please contact us if you run into any issues with using Gift Cards, Coupons or Promo Code.
In case of purchases made with a gift card(s), return and refund balance will be re-issued with a gift card.
Under no exceptions shall the buyer proceed to credit card charge-back when the order is still in transit, pending for delivery or post delivery. With exception when order is made without credit card holder consent.
COMMUNICATIONS TO YOU
When you sign up for a FIVESEASONSTUFF account with your email address, you have the option to consent or refuse to receive electronic communications from us. When we have your approval, you agree that FIVESEASONSTUFF may send electronic mail to you containing information about the latest updates, changes, special deals, promotions, discounts, or for such other purpose(s) as FIVESEASONSTUFF deems appropriate.
You have the right to withdraw your consent of electronic communication at any time. If you wish to stop receiving our emails please notify us by email. We will remove you from the email list as soon as possible and send you a confirmation email on the removal of your email address from our list.
When signing up, please provide us with a valid email address that you use. All the information you give must be truthful. If you need to update any of your information at any time, please do so on your FIVESEASONSTUFF account or email us at email@example.com.
If you have given your consent to receive marketing materials from us and have not withdrawn that consent, you agree that FIVESEASONSTUFF may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of FIVESEASONSTUFF’s products or services (with your consent where necessary), or for such other purpose(s) as FIVESEASONSTUFF deems appropriate in accordance with applicable laws.
MOBILE SMS TEXT MESSAGING
By texting us, you may receive up to 5 automated SMS or MMS text messages per week regarding events, offers and promotions from FIVESEASONSTUFF, even if your mobile number is registered on any Do Not Call list. You consent to receive text alerts using automated technology, including through an automatic telephone dialing system. By texting us, you also permit FIVESEASONSTUFF to use location information (e.g., GPS) from your mobile device when you are in or near a retail location and to send you additional messages based on your location. These location-based messages, together with our other mobile alerts, may exceed the 5 automated text messages referenced above.
By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (in-store or online), and your consent is not a condition of any purchase with us. Your participation in our alerts program is completely voluntary and at no charge to you.
You may opt-out of text messages. It is your sole obligation and responsibility to notify FIVESEASONSTUFF if you want to stop receiving text message alerts at any time by emailing firstname.lastname@example.org. You will receive an email confirming your opt-out status. Please allow up to five (5) business days to process your request. No further messages will be sent to your mobile device unless initiated by you. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The program is only available to customers of select carriers with compatible handsets.
If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify FIVESEASONSTUFF by emailing email@example.com. You agree to indemnify FIVESEASONSTUFF for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify FIVESEASONSTUFF of any changes in mobile ownership. You must notify FIVESEASONSTUFF immediately of any breach of security or unauthorized use of your mobile device. Although FIVESEASONSTUFF will not be liable for losses caused by any unauthorized use of your mobile device, you may be liable for the losses of FIVESEASONSTUFF or others due to such unauthorized use. If you get a new mobile number, you will need to sign up for the program with your new number.
The program is free, but the message and data rates may apply from your mobile carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.
To the maximum extent permitted by applicable laws, you (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at request of FIVESEASONSTUFF), indemnify and hold FIVESEASONSTUFF and its licensors and/ or affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by FIVESEASONSTUFF in the defense of any claim. FIVESEASONSTUFF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of FIVESEASONSTUFF.
GOVERNING LAW AND DISPUTES
This Agreement These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with FIVESEASONSTUFF must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
WWW.FIVESEASONSTUFF.COM PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OR PURCHASES OBTAINED ON OR THROUGH THE WEBSITE, TO THE FULL EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT THE WEBSITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR THE WEBSITE OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. UNLESS OTHERWISE SPECIFIED IN WRITING.
If any the provisions in these Terms are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
If you have any questions or concerns regarding the Terms & Conditions, please reach us at firstname.lastname@example.org