General Terms and Conditions
These General Terms and Conditions ("GTC") apply to all purchases made in Mainland China (excluding Hong Kong SAR, Macau SAR and Taiwan) through the Chinese official website (https://suitsupply.com/zh-cn, “Website”) of SUITSUPPLY CHINA LTD. (“Suitsupply”). SUITSUPPLY CHINA LTD. is referred to in these GTC as "Suitsupply" or "Trader". By accessing the Website, you agree to be bound by these GTC. Please also see the Privacy Statement of Suitsupply. If you do not agree to these GTC or the Privacy Statement, please do not use the Website. These GTC and all matters covered in the return instructions and the sales documents constitute the entire understanding between you and Trader and supersede all prior undertakings, representations or warranties.
Article 1 - Definitions
The following definitions apply in these GTC:
- Consumer: a natural person who purchases and uses goods or receives services as necessary for living consumption, not for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital Content: data that are produced and supplied in digital form;
- Distance Contract: a contract concluded between Trader and Consumer within the framework of system organized for the distance sale of products, Digital Content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Durable Medium: every means - including emails - that enables Consumer or Trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Products: any product offered by Trader online (https://suitsupply.com/zh-cn);
- Privacy Statement: the policy regarding privacy as determined by Trader and mentioned on the Website;
- Supplementary Agreement: an agreement in which Consumer obtains products, Digital Content and/or services via a Distance Contract, and Trader or a third party delivers these products, Digital Content and/or services in accordance with an agreement between that third party and the Trader;
- Technique for Distance Communication: means that can be used for communication regarding the offer made by Trader and concluding a contract, without the necessity of Consumer and Trader being in the same place at the same time.
- Trader: a natural or legal person who offers products, (access to) Digital Content and/or services to Consumers from a distance;
Article 2 - Identity of the Trader
Name Trader: Suit Supply HK NHH Ltd (doing business as Suitsupply)
Suit Supply HK NHH Ltd
31/F. Tower Two Times Square 1 Matheson
Telephone number: +86 40012 08725
Suitsupply can be reached from Mondays to Fridays, from 9:00 to 18:00 CST
Email address: firstname.lastname@example.org
Chamber of Commerce number: 2055017
Article 3 - Applicability
- These GTC apply to every offer made by Trader and to every Distance Contract that has been realized between Trader and Consumer.
- Please visit the Website to see if the Products can be ordered through the Website. Not all Products that appear in Trader's catalogs, on the Website, or in its advertisements and other public materials can be ordered through the Website.
- The prices of the Products on the Website are in CNY and include applicable taxes. Freight will be charged separately and will be specified separately in orders. Costs incurred as a result of linking to the Website shall be borne by you.
- Trader can only fulfill an order to a delivery address in Mainland China. The Products offered can only be delivered in Mainland China.
- Consumers living outside these countries/areas can only use the online ordering service of Products if the delivery address of the order is in one of the aforementioned countries/areas. By placing an order, you acknowledge that you are a consumer in Mainland China. You should be 18 years of age or older to place an order.
- Prior to the conclusion of a Distance Contract, the text of these GTC will be made available to Consumer. If this is not reasonably possible, Trader will indicate, before the Distance Contract is concluded, in what way the GTC are available for inspection at the Trader’s premises and that they will be sent free of charge to Consumer, as quickly as possible, at Consumer’s request.
- If the Distance Contract is concluded electronically, then, contrary to the previous paragraph, and before the Distance Contract is concluded, Consumer will be provided with the text of these GTC electronically, in such a way that Consumer can easily store them on a Durable Medium. If this is not reasonably possible, then before concluding the Distance Contract, Trader will indicate where the GTC can be inspected electronically and that at his request they will be sent to Consumer free of charge, either electronically or in some other way.
Article 4 - The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains a complete and accurate description of the products, Digital Content and/or services being offered. The description is sufficiently detailed to enable Consumer to make a proper assessment of the offer. Trader is not bound by obvious errors or mistakes in the offer. An order may not be accepted due to any unavailability or inaccurate pricing or other misrepresentation of the Products to be ordered during the shopping process, in which case Trader will give a notice to you as soon as possible and refund all payments you made for the Products while Suitsupply will not be liable to you in any way.
- Every offer contains information that makes it clear to Consumer what rights and obligations are related to the acceptance of the offer.
- Payment. Payment must be made via WeChat Pay or Alipay (provided that you are the lawful owner of a WeChat or Alipay account and are domiciled in Mainland China) or any other payment methods available on the Website from time to time prior to shipment of the Products to you. The amount of payment must be in CNY.
- E-invoices and sales documents. Trader can provide you with electronic invoices. You can tick the “e-invoice” option and insert your email address when making a payment. Trader will send an electronic invoice to your email address after a lapse of 7 days following your receipt of the ordered Products. If you has not ticked the “e-invoice” option when making the payment, you can contact Trader for consultation.
Article 5 - The contract
- Your submission of an order and completion of payment constitutes a binding offer to purchase the ordered Products under these GTC. A contract shall be formed between Suitsupply and you when Suitsupply accepts your order submitted through the Website by sending a SMS or WeChat message or email for confirmation and you receive a notice of acceptance. Upon having paid for the order, you will not be able to modify or cancel the order on the relevant page. If you are sure that you need to modify/cancel your order, please contact Trader. Trader will make every effort to satisfy your need while your order is not shipped yet.
- You agree that the information you provide in your order is true, accurate and not misleading in any respect. If any information you provide is untrue, incomplete or inaccurate, as a result of which Trader is unable to provide relevant services, you shall be solely responsible for all losses resulting therefrom. The Products you order from the Website shall be for your personal use only. If Trader is aware that the Products you have ordered or order from the Website are or will be used for distribution purposes or resold to other consumers, Trader reserves the right to reject your order, cancel the contract or close your account.
- If the contract is concluded electronically, Trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If Consumer is able to pay electronically, Trader will take suitable security measures.
- Trader may obtain information – within statutory frameworks – about Consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Distance Contract. If that research gives Trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
Article 6 - Return and exchange of goods
- In accordance with applicable laws, you have the right to change your mind and cancel the contract and return the Products for a refund within seven (7) days from the date of receipt of the Product, provided that:
- You must return the Products in their original packaging (e.g., box, bag, etc.) and original quality and function, and in good and saleable condition, accompanied with all relevant accessories, trademark identification, instructions, labels, gifts (if any), and sales documents; no unconditional return will be accepted if the Products are dirty or damaged, or has been washed or worn, or if you have been informed at the time of sale that the Products are defective;
- The paper invoice (if requested and received) shall be returned at the same time; and
- The aforesaid seven (7) days’ return policy does not apply to any Products that are customized, or would easily affect personal safety or life health and hygiene after unpacking, or are otherwise unsuitable for return by nature (including but not limited to underwear products).
- The gifts for the Products shall be returned at the same time.
- Trader does not support self-service online return application for the time being. If you exercise your right to return the Products as stated in Article 6.1, please contact Trader. Service Time: Mondays to Fridays, from 9:00 to 18:00 CST and on Saturdays and Sundays, from 10:00 to 18:00 CST (online service time for statutory holidays will be adjusted and subject to notice). The specific process is as follows:
- Step 1: Contact Trader and provide the order number, return quantity, specific product number and reason for return.
- Step 2: Trader confirms the order to be returned and provides the address for return and relevant instructions.
- Step 3: Contact a delivery service provider and have the Products and relevant purchase documents sent to the address for return specified by Trader. Please contact Trader and provide the courier waybill number after sending.
- Step 4: Trader signs for receipt of the returned Products, inspects the Products and confirms that the Products are in a good condition and conform to the return policy.
- Step 5: Your refund will be credited to the original account from which the order was paid within seven (7) working days after the returned Products are inspected and accepted.
- In the event of an unconditional return within seven (7) days which is not attributable to the quality of the Products, the freight of such return will be borne by you. In the event of a return which is attributable to the quality of the Products or the services provided by Trader, the freight of such return will be borne by Suitsupply. For more details on how to do this, please contact Trader. The refund will be sent in the same way as the payment for your purchased Products was made after the Products pass the inspection under Article 8.1. The amount to be refunded shall be equal to the amount you actually paid after the deduction of relevant discount/coupon value at the time of purchase.
- If you do not allow Trader to receive the Products as stated under this Article after notifying Trader of your decision to cancel the contract, Trader will not accept your request for return or refund.
- Except as otherwise provided by laws or regulations, Trader does not support any exchange of goods.
Article 7 - Consumers’ obligations during the Withdrawal Period
- During the return period, Consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that Consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as necessary and permitted in para. 1.
Article 8 - Consumers who exercise their right of return and the costs involved
- Consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the Trader. You may not remove any labels from the returned Products. The returned Products will be inspected by Trader to ensure that they are in good and saleable condition and comply with Article 6.1. Any Products that fail to pass the inspection will be returned to you and you will not receive a refund for such Products. Therefore, please properly take care of your Products.
- The risk and the burden of proof for exercising the right of return correctly and in time rest upon Consumer. For the avoidance of doubt, the right set forth in Article 6 applies only to the Products you order through the Website, not to any products purchased from Trader's exclusive shops; for the Products purchased online, no return or other services will be provided in Suitsupply’s exclusive shops. Suitsupply is not liable for any risk of damage or loss that is not attributable to Suitsupply's fault in the return of the Products.
Article 9 - Precluding the right of return
- Upon delivery of products, Trader does not accept return under any of the following situations:
- Products manufactured according to Consumer’s specifications, which were not prefabricated and were made based on Consumer’s specific choice or decision, or which are clearly intended for a specific person;
- Products subject to rapid decay or with a limited shelf-life;
- Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
- Products that, due to their nature, have been irretrievably mixed with other products.
Article 10 - Supply and implementation
- Trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- After your order is confirmed, Trader will deliver the ordered Products as soon as possible. Suitsupply's delivery is limited to Mainland China only. The purchased Products will be delivered by the courier service provider selected by Suitsupply ("Courier"). You can check the status of your order once you log in your account. You can click on your order to see order details. Any delivery date or time specified by Trader is a best estimate only. Trader shall not be liable for any loss or damage you suffer as a result of any reasonable or unavoidable delay in delivery.
- The place of delivery is deemed to be the address that Consumer makes known to the company. Products shall be delivered to the address stated in your order. You are required sign for receipt at the time of delivery. Suitsupply refuses to use any freight forwarder's post office box or address as the delivery address. If no one is available at the provided address to receive the delivered Products, you must contact Trader to arrange for delivery of the Products on another date. If you are out of reach within fifteen (15) days from the date on which Trader notifies you that the Products have been shipped, the order will be cancelled and the purchase amount of the undelivered Products will be automatically refunded in the same way as the payment for your purchased Products was made.
- Taking into consideration that which is stated in article 4 of these GTC, the company will implement accepted orders with efficient expedition, though at the latest within 30 Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, Consumer will be informed about this at the latest 30 Days after the order was placed. In this case, Consumer has a right to dissolve the contract free of charge and a right to possible damages. Trader will not be liable to you for any failure or delay in the performance of Trader's obligations to you due to any reason beyond Trader's reasonable control, including but not limited to acts of God, explosion, flood, fire or accidents; public health emergency or epidemic; war or civil unrest; strike, labor action or lockout; government intervention of any kind; your failure to provide Trader with a correct delivery address or to notify Trader of any change of address.
- Trader will notify you within seven (7) days of the occurrence of any such unforeseen or force majeure event and will arrange a new delivery date after the end of such event. If the interruption continues for a period of more than two (2) weeks, you will be entitled to cancel the order. To further cancel an order as stated in this paragraph, please contact Trader with relevant contact details.
- Following dissolution in accordance with the previous paragraph, Trader refunds Consumer immediately the sum he had paid.
- The risk of damage and/or loss of products rests upon Trader up to the moment of delivery to Consumer or a representative previous designated by Consumer and announced to Trader, unless this has explicitly been agreed otherwise. Upon the delivery of the Products by Trader to the address you give Trader, the title of and risk of damage to the Products will pass to you.
- If the Products are delivered by Courier, you or your designated third party shall confirm that:
- The quantity of delivery is the same as stated in the delivery note;
- The product code, size and other specifications of the delivered Products are the same as stated in the relevant order, and the Products are free from visible defects, such as crack, scratch, missing button, color difference and color shift; and
- The packages and sealing labels of the Products are intact and are not damaged or moistened nor otherwise change.
- Where there is any damage to the packaging and/or Products, or where the Products are not the same as stated in the relevant order or are visibly defective, or where there is a discrepancy in the quantity of goods or documents, you must immediately make a written note thereof on the courier waybill. If you have signed the courier waybill without any objections, you may not raise any objections to the delivered Products anymore. If you are aware of any damage to the packages when signing for the receipt of the Products, you shall be entitled to reject the Products, and please contact Trader. In case of any damage to the Products, please contact Trader.
Article 11 - Deviations
Trader cannot guarantee that the color, size and/or text of the product as shown on the website are exactly similar to the product as delivered to Consumer by Trader.
Article 12 - Privacy
The personal details as provided by Consumer for placing of an order will be processed in accordance with the Privacy Statement.
The Website may provide you with the opportunity to submit, post or display your content such as comments, feedback, suggestions, ideas, opinions, messages, photographs, images, texts, materials, information, data, notes, graphics, designs or any other communication or content (collectively, "Content"). By submitting the Content on the Website, you represent that: (i) you are entitled to or have unencumbered and transferable rights and licenses to the Content you submit, including, without limitation, the right of publicity; (ii) you have obtained permission from all persons appearing in the Content you submit to grant the rights granted herein; (iii) use of the Content contained herein will not violate any law or infringe any third party right; (iv) you are 18 years of age or older; and (v) if any child involved in the Content you submit is still a minor in his or her country or area, you have obtained written permission from his or her parent or guardian to use the photographs or videos of such child for commercial purposes.
By submitting the Content to the Website, you automatically grant to Suitsupply and its third party service providers and suppliers a perpetual, worldwide, unrestricted, irrevocable, transferable, assignable, royalty-free and fully paid right and license to use the Content and your personal image, portrait, user name, real name, headings, location or other identification information in connection with your Content, in any manner or media, whether existing or to be developed in the future, for lawful purposes only (including but not limited to any commercial advertising), including but not limited to the right to display, reproduce, modify, transform, distribute and transfer the Content, create derivative works based on the Content, exploit the Content for profit, and sublicense the Content to third parties for their lawful applications and uses. You waive any copyright rights you or your licensors may have in or to any Content in accordance with applicable laws, and Suitsupply is under no obligation to post or publish any Content you provide.
Although third party Content or the Content you submit may be posted on the Website, such posting does not constitute an endorsement of such Content by Suitsupply. Suitsupply shall not be liable for any claims for loss of or damage to real property, tangible property or intellectual property rights, invasion of privacy or right of privacy, actual, consequential or punitive damages, personal injury, accidental death, etc., in connection with the third party Content or the Content you submit.
In the course of accessing Trader's Website, you may be linked to a website operated by a business partner of Trader or any other third party. This does not imply an endorsement by Trader of such website. Trader makes no representations or warranties, and has no relationship with, any other websites that you may access through the Website hereunder; Trader has no control over, and assumes no responsibility for, the information or activities thereof.
Article 13 - Intellectual Property
Trader owns all intellectual property rights related to the product. When you access and browse the Website, your use of the Website must comply with the applicable laws regarding the ownership and use of intellectual property rights, including but not limited to Suitsupply's trademarks and copyrights.
Article 14 - Liability
- As far as permitted by law, Trader excludes all liability for any damages incurred by Consumer if the product ordered by Consumer is not available and/or delivered (on time).
- Without prejudice to the provisions of Article 15.1, and as far as permitted by law, Trader’s liability will be limited to maximum amount of the purchase price of the concerning product.
- In addition to other prohibitions set forth in these GTC, you are prohibited from using the Website or any Content for any of the following reasons (but not limited thereto): (a) any unlawful purposes; (b) violation of any domestic or foreign laws, regulations or rules; (d) infringement or violation of any intellectual property rights of Trader or third parties; (e) harassment, abuse, insult, injury, defamation, libel, degradation, coercion or discrimination based on sex, sexual orientation, religion, race, ethnicity, age, nationality or disability; (f) submission of false or misleading information; (g) uploading or transmission of viruses or other types of malicious codes that would or may affect the functionality or operation of the Website hereunder, other websites or the Internet; (h) collection or tracking of personal information about others; (i) spam, phishing, pharming, pretext, spider, crawl, or scrape; (j) any indecent or immoral purposes; or (k) interference with or circumvention of the security features of the Website, other websites or the Internet under these GTC. The foregoing is not exhaustive. If you use the Website for any prohibited purpose, Trader reserves the right to terminate your use as described above.
- Trader always endeavors to provide complete, accurate and up-to-date information on the Website. Nevertheless, human or technical errors may occur. The Website may contain typographical errors, inaccuracies or omissions, and some information may be incomplete or not up-to-date. Trader makes no warranties as to the accuracy, applicability, reliability, completeness, performance, fitness, freedom from viruses, or timeliness of the content or services contained on the Website. Trader reserves the right to correct errors or change information at any time (without prior notice).
- Trader makes no representations or warranties of any kind, express or implied, with respect to the Website, the content of the Website or the information available on or through the Website; such content and information is provided "as is", including all errors contained therein. Except as otherwise provided by applicable laws, Trader shall not be liable for any damages arising out of or in connection with the use of the Website, the content of the Website, or any other website to which it is linked. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages that may be incurred by you or others, as well as damages related to loss of profit, loss of business opportunities, business interruption, and loss of data or information, even if Trader has been advised of the possibility thereof. Your use of the Website is at your own risk.
- Trader reserves the right to amend these GTC at any time. The last updated version of these GTC is available on the Website. Any amendments to the GTC shall become effective immediately upon posting on the Website. Your order of the Products through the Website is subject to the version of these GTC in effect at the time of such order. If any provision of these GTC is held invalid or unenforceable for any reason, such provision shall be deemed severable, and the validity and enforceability of other provisions of these GTC shall not be affected.
Article 15 - Force Majeure
- In the event of force majeure Trader has the right to suspend all her obligations under the Supplementary Agreement. An event of force majeure includes strikes, breakdowns, sickness or import/export bans at Trader or at third parties engaged by Trader.
- Unless otherwise stated in this Article, in the event it is clear that the period of force majeure will last longer than two months, either of the parties has the right to dissolve the Supplementary agreement without having the obligation to pay any damages.
Article 16 – Questions and Complaints
- For questions/information User can contact the service department at telephone number: 4001208725 or at the e-mail address email@example.com.
- In the event Consumer is not satisfied with the product or with any other products and/or services of Trader, Consumer has the possibility to file a complaint at the service department at telephone number 4001208725 or at e-mail address firstname.lastname@example.org. This must be done within seven (7) calendar Days following the Day Consumer discovered or should reasonably has discovered the reason to file the complaint.
Article 17 - Governing Law and Competent Court
- These GTC and the Supplementary agreement are governed by the laws of China. By accessing Trader’s Website, you agree that any dispute between you and Suitsupply or any of its affiliates, subsidiaries, agents, employees, former owners, successors and assigns with respect to your access to and use of the Website, or any dispute or claim with respect to the Privacy Statement, these GTC, or any products or services sold or distributed by Trader or through Trader’s Website, regardless of nature, shall be governed by the laws of the People's Republic of China, without regard to the conflicts of laws principles.
- Any and all disputes arising from or in connection with these GTC will be submitted to the competent court at the location of Trader.