TERMS AND CONDITIONS
In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
2. Prohibitions and Failure to Comply
We may take actions against your account for activities including, but not limited to:
- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material
- Advertising or sending unsolicited messages of any kind
- Impersonating others or providing any kind of false information WHY NOT? reserves the right to terminate any account at its sole discretion We may send you an email to inform you of the termination of your account in such event.
3. Intellectual Property
All software and Content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of WHY NOT? and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by WHY NOT? and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of WHY NOT?. Any such unauthorized actions may result in civil consequences or criminal penalties.
WHY NOT? reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
4. Third Party Links
The Site may include links to other websites or resources that are not operated or prepared by WHY NOT?. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
5. Eligibility to Purchase
In order to place orders with us, you must meet our conditions of eligibility:
- Be in possession of a valid credit card issued by a licensed bank acceptable to WHY NOT? for payment or be in possession of a valid PayPal account
- Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site)
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
6. Product Description
WHY NOT? will endeavour to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by WHY NOT? is not as described.
Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
If your credit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept payments made by Visa, MasterCard and PayPal.
By placing an order using one of the above Credit card and online payment methods, you confirm that the Credit card(s) or PayPal account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to WHY NOT?, we will not be liable for any delay or non-delivery.
9. Acceptance of your Order
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and WHY NOT? will be completed when we send you an email to confirm the goods have been dispatched to you.
WHY NOT? reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
- The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
- We identify a pricing or product description error.
- We are unable to obtain authorisation for payment.
- You do not meet the eligibility criteria to purchase as set out in this TOS.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
10. Shipping and Collections
WHY NOT?’s teams will try their best to meet these estimated delivery time but cannot guarantee that such estimates must be met.
You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by WHY NOT?. You also accept the associated transfer of responsibility in the same way. WHY NOT? provides free shipping on all local orders. Certain orders will be subjected to a shipping fee (details please refer to shipping information). WHY NOT? reserves the right to update its shipping policy at its sole discretion without prior notice.
In order to provide you with the best possible online shopping experience, WHY NOT? maintains no questions asked return policy. If for any reason you are not 100% satisfied with your purchase, you can return your order for a refund (except sales items).
- You can return your order for up to 7 days for local order and 21 days for overseas order from the purchase date.
- Products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging.
- Please note that due to hygiene reasons, earrings, socks, lingerie and swimwear are non-refundable items which are excluded from our return policy.
- Return items must not fall under the list of non-refundable brands / items here.
- Please note that we will not be able to provide a refund on any return shipping fees.
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. WHY NOT? takes no responsibility for any such views as they do not necessarily reflect ours.
WHY NOT? does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, WHY NOT? will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
13. Indemnity and Waiver
At our request, you agree to compensate us fully and hold us, WHY NOT? (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact us for any order related complaints or comments.
WHY NOT? respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us.