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Last Modified: September 10, 2024
These Terms of Use (“Terms”) are a legal agreement entered into by and between you and KUBULALA INTERNATIONAL LIMITED, a company registered in Hong Kong, with its business address at UNIT 89, 3/F., YAU LEE CENTRE, NO.45, HOI YUEN ROAD, KWUN TONG, HONG KONG (“Company,” “Bibersoner,” “we,” “our,” or “us”), and govern your access to and use of https://bibersoner.com (the “Site”) and any content, documentation, software, text, images, videos, audio, products, features, functions, and services offered on or made available through the Site, whether as a visitor, customer, or registered user (collectively, the “Services”).
Your access to and use of the Services is conditioned upon your acceptance of these Terms, together with any additional terms, policies, notices, or conditions that may be provided or presented to you when you use certain features of the Services, place an order, make a payment, subscribe to any service, or purchase any product.
Please read these Terms carefully before using the Services. By accessing or using the Services, registering an account, placing an order, making a purchase, submitting any information, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services, create an account, place an order, or make any purchase through the Site.
These Terms contain provisions relating to governing law, dispute resolution, arbitration, jurisdiction, limitation of liability, and your legal responsibilities. Please review them carefully.
Nothing in these Terms is intended to exclude, restrict, or limit any rights, remedies, or protections that cannot be excluded, restricted, or limited under the laws of the Hong Kong Special Administrative Region or any other applicable mandatory law.
We may revise, update, or modify these Terms from time to time at our sole discretion. All changes are effective when posted on the Site, unless a later effective date is stated.
Your continued access to or use of the Services after the updated Terms are posted means that you accept and agree to the revised Terms.
If any material changes are made, we may, where appropriate, notify you by posting a notice on the Site, sending an email, or using other reasonable methods. However, it remains your responsibility to review these Terms periodically.
Any changes to dispute resolution provisions will not apply to disputes for which the parties had actual notice before the date the updated Terms were posted, unless otherwise permitted by applicable law.
We may update, modify, suspend, discontinue, restrict, or remove any part of the Services, including products, features, content, pricing, payment methods, delivery options, account functions, or third-party integrations, at any time and without prior notice.
We do not guarantee that any content, product information, pricing, availability, or feature on the Services will always be complete, accurate, current, or available.
Any material on the Services may be out of date at any given time, and we are under no obligation to update such material, except where required by applicable law.
By using the Services, you represent and warrant that you are:
If you use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
Your use of the Services is also governed by our Privacy Notice or Privacy Policy, which explains how we collect, use, store, disclose, and protect personal data.
By using the Services, submitting personal information, creating an account, placing an order, or communicating with us, you acknowledge that we may process your personal data in accordance with our Privacy Notice and applicable privacy laws.
Where Hong Kong law applies, personal data may be subject to the Personal Data (Privacy) Ordinance (Cap. 486).
You may browse certain parts of the Services without registering an account. However, some functions, features, order records, subscription services, or customer support functions may require registration or account access.
When registering for an account or placing an order, you agree to:
You may not share your account credentials with any third party. You are responsible for ensuring that you log out of your account after each session, especially when using a public or shared device.
If we reasonably believe that any information you provide is false, inaccurate, outdated, incomplete, misleading, fraudulent, or unlawful, we may suspend, restrict, or terminate your account or refuse to process your order.
You may request to delete or terminate your account by contacting us at:
Account deletion may not immediately remove all information where we are required or permitted to retain certain records for legal, tax, accounting, fraud prevention, dispute resolution, order fulfillment, compliance, or legitimate business purposes.
Deleting your account does not automatically cancel existing orders, subscriptions, payment obligations, refund reviews, chargeback investigations, or other pending transactions.
We reserve the right to suspend, restrict, disable, or delete your account, in whole or in part, at any time, with or without notice, where we reasonably believe that:
Suspension or deletion of your account does not entitle you to compensation, damages, reimbursement, or any other remedy, except where required by applicable law.
Suspension or deletion of your account does not release you from any payment obligations, outstanding fees, order responsibilities, or liabilities incurred before the suspension or deletion.
The information presented through the Services is provided for general information purposes only. We make reasonable efforts to display accurate information, but we do not warrant that product descriptions, pricing, availability, images, colors, specifications, shipping estimates, delivery times, or other content will always be accurate, complete, current, or error-free.
Product images are for reference only. Actual product appearance may vary due to lighting, screen settings, material differences, production batches, customization requirements, or normal manufacturing tolerances.
Any reliance you place on information available through the Services is at your own risk, except where liability cannot be excluded under applicable law.
We reserve the right to modify product information, specifications, availability, prices, discounts, promotions, shipping fees, or other commercial terms at any time without prior notice.
We may correct errors, inaccuracies, or omissions at any time, including after an order has been submitted. If an error affects your order, we may contact you for confirmation, cancel the order, issue a refund, or take other reasonable action.
Product availability is not guaranteed. If a product becomes unavailable after you place an order, we may offer you a replacement, wait for restock, provide store credit, or issue a refund.
Prices displayed on the Site may not include taxes, duties, customs charges, import fees, foreign exchange fees, payment processing fees, or other charges unless clearly stated.
Unless otherwise stated, the following rules apply to coupons, discount codes, promotional offers, and similar incentives:
We reserve the right to modify, suspend, cancel, or refuse any coupon, discount, or promotion where we reasonably suspect misuse, fraud, technical error, or violation of these Terms.
All payments made through the Services may be processed by independent third-party payment service providers. We do not directly collect or store full credit card details unless expressly stated and lawfully permitted.
By placing an order, you agree to provide accurate payment information and authorize the applicable payment service provider to process payment for your order.
If payment fails, is refused, reversed, disputed, canceled, or deemed suspicious by the payment service provider, we may refuse, suspend, or cancel the order.
Any bank charges, foreign exchange fees, card issuer fees, payment processing fees, failed payment fees, chargeback fees, or other costs resulting from payment failure or dispute may be borne by you to the extent permitted by applicable law.
We are not responsible for delays, errors, refusal, suspension, or security review caused by third-party payment providers, banks, card issuers, or payment networks.
Our commercial terms, order terms, subscriptions, shipping policy, cancellation policy, return policy, refund policy, and customized product rules may be set out in separate policies, including but not limited to our Terms of Sale, Return Policy, Refund Policy, Shipping Policy, or other notices posted on the Site.
These policies are incorporated into these Terms by reference and form part of the agreement between you and us.
If there is any inconsistency between these Terms and a specific product, sale, return, refund, or shipping policy, the more specific policy will apply to the relevant transaction, unless otherwise required by applicable law.
Some products offered through the Services may be customized, personalized, made-to-order, specially produced, printed, engraved, assembled, modified, or prepared according to customer-specific choices, instructions, uploaded files, selected options, or approved designs.
Customized, personalized, and made-to-order products may include, without limitation:
Because these products are made specifically for the customer and may not be suitable for resale, they are generally non-returnable, non-exchangeable, and non-refundable once production, customization, preparation, or procurement has started, except where the product is damaged, defective, incorrect, or materially different from the confirmed order due to our error.
Customers are responsible for carefully reviewing all customization details before placing an order, including spelling, names, initials, numbers, dates, images, artwork, file quality, design placement, color, size, material, quantity, product options, shipping address, and contact information.
We are not responsible for errors caused by customer-submitted information, including incorrect spelling, wrong names, wrong dates, low-resolution images, incorrect files, wrong size, wrong color, wrong quantity, wrong product selection, or customer-approved design errors.
Minor variations in color, material texture, size tolerance, print placement, engraving depth, stitching, finishing, or production appearance may occur and are considered normal production tolerance unless the deviation is substantial and clearly inconsistent with the confirmed order details.
If a customized product arrives damaged, defective, incorrect, or materially different from the confirmed order due to our error, you must contact us within the timeframe stated in our return or refund policy and provide clear evidence, including order number, photos, videos, packaging images, shipping label images, and a detailed explanation of the issue.
After review, we may, at our discretion and subject to applicable law, offer a replacement, remake, repair, partial refund, full refund, store credit, or other reasonable remedy.
Unauthorized returns of customized, personalized, or made-to-order products will not be accepted.
The Services may contain links to third-party websites, applications, platforms, payment processors, logistics providers, customer support tools, subscription management services, marketing tools, analytics providers, social media platforms, or other external resources.
We may also use third-party services to operate the Site, process payments, manage subscriptions, provide customer support, send emails or SMS messages, track orders, analyze traffic, prevent fraud, or provide other functions.
Your use of third-party websites, platforms, tools, or services may be subject to the third party’s own terms, privacy policies, notices, and practices. We are not responsible for third-party content, products, services, platforms, websites, availability, security, accuracy, or practices.
Any dealings between you and any third party are solely between you and that third party, unless otherwise expressly stated.
We are not liable for any loss, damage, delay, error, unauthorized access, service interruption, or other issue caused by third-party providers, except to the extent such liability cannot be excluded under applicable law.
By providing your email address, phone number, or other contact information, you agree that we may contact you regarding your account, orders, payments, delivery updates, customer support, service notices, security alerts, and other transaction-related communications.
If you opt in to marketing communications, we may send you promotional emails, SMS messages, or other marketing notices in accordance with applicable law. You may unsubscribe from marketing communications at any time by following the unsubscribe instructions provided in the relevant message or contacting us.
Transactional messages related to your orders, account, payment, delivery, security, or legal notices may still be sent even if you unsubscribe from marketing communications.
You agree that electronic records, electronic signatures, electronic communications, emails, website notices, and other electronic methods may satisfy any legal requirement that a communication be in writing, to the extent permitted by applicable law.
All information, data, text, software, music, sound, images, graphics, videos, messages, scripts, tags, reviews, comments, uploaded files, designs, artwork, logos, and other materials accessible through or submitted to the Services are referred to as “Content.”
You are solely responsible for any Content that you upload, submit, post, transmit, display, provide, or otherwise make available through the Services (“Your Content”).
You represent and warrant that:
We have no obligation to pre-screen, monitor, or review Content, but we reserve the right to remove, refuse, disable, restrict, or modify any Content at our discretion where we believe it violates these Terms, applicable law, or the rights of any third party.
Unless a separate written agreement states otherwise, we do not claim ownership of Your Content.
However, by submitting Your Content to or through the Services, you grant us and our service providers a worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, translate, create derivative works from, display, perform, distribute, store, process, transmit, and otherwise use Your Content as necessary to:
You acknowledge that where you submit images, logos, artwork, text, or other materials for customized products, we may use such materials to manufacture, produce, print, engrave, assemble, package, ship, photograph, document, or verify your order.
If you provide suggestions, comments, ideas, improvements, reviews, recommendations, or other feedback relating to the Services, products, designs, website, policies, or business (“Feedback”), you grant us the right to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit such Feedback for any lawful purpose without compensation, credit, or obligation to you.
You agree not to use the Services for any unlawful, harmful, fraudulent, abusive, or unauthorized purpose.
In connection with your access to or use of the Services, you must not:
We reserve the right to investigate and take appropriate action against any violation, including suspending accounts, canceling orders, refusing service, reporting conduct to authorities, and pursuing legal remedies.
The Services, including all website design, layout, text, graphics, logos, icons, images, videos, audio, software, source code, databases, product descriptions, content, trademarks, service marks, trade names, and other materials, are owned by or licensed to Bibersoner and are protected by intellectual property and other laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, display, publish, transmit, sell, license, create derivative works from, or exploit any part of the Services without our prior written consent.
The Bibersoner name, logos, trademarks, product names, service names, and related branding are trademarks or property of Bibersoner or its affiliates. Other names, logos, product names, service names, or trademarks appearing on the Services may belong to their respective owners.
Nothing in these Terms grants you any right, title, or interest in or to the Services or our intellectual property, except for the limited right to access and use the Services in accordance with these Terms.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for lawful personal or internal business purposes.
This license does not include any right to:
We may revoke this license at any time if you violate these Terms.
To the fullest extent permitted by applicable law, the Services, products, content, website functions, and all materials provided through the Services are provided on an “as is” and “as available” basis.
We do not guarantee or warrant that:
To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
Nothing in these Terms excludes or limits any warranty, condition, right, or remedy that cannot be excluded or limited under applicable law.
You are responsible for ensuring that any product purchased through the Services is suitable for your intended purpose, use, environment, and requirements.
You agree to use products safely, lawfully, and in accordance with any instructions, warnings, labels, care guides, or manuals provided.
We are not responsible for damage, injury, loss, or product failure caused by:
This section does not limit any liability that cannot be excluded under applicable law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Bibersoner, KUBULALA INTERNATIONAL LIMITED, its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, losses, judgments, awards, costs, expenses, and fees, including reasonable legal fees, arising out of or relating to:
This indemnity does not apply to the extent that the claim is caused by our fraud, fraudulent misrepresentation, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.
To the fullest extent permitted by applicable law, Bibersoner, KUBULALA INTERNATIONAL LIMITED, its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, suppliers, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, loss-of-profit, loss-of-revenue, loss-of-business, loss-of-data, loss-of-goodwill, or similar damages arising out of or relating to:
To the fullest extent permitted by applicable law, our total liability for any claim arising out of or relating to these Terms, the Services, products, orders, payments, returns, refunds, or communications shall not exceed the amount actually paid by you to us for the specific product or service giving rise to the claim.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.
We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, extreme weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, strikes, supply chain disruption, customs delays, transportation delays, government action, regulatory restrictions, power failure, internet failure, platform outages, payment processor outages, logistics provider issues, or any other event beyond our reasonable control.
If such an event affects order fulfillment, delivery, customer support, website operation, or other Services, we may take reasonable steps including delaying shipment, canceling the order, offering alternatives, or issuing refunds where appropriate.
These Terms, your access to and use of the Services, any purchase made through the Services, and any dispute, claim, or matter arising out of or relating to these Terms, the Services, products, orders, payments, returns, refunds, or communications with Bibersoner shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles.
Before either party commences any formal legal or arbitration proceedings, the party raising the dispute must first provide written notice to the other party describing the nature of the dispute, the relevant order number if applicable, the facts giving rise to the dispute, and the remedy requested.
The parties agree to attempt in good faith to resolve the dispute through friendly negotiation for a period of thirty (30) days from the date the written notice is received.
If the dispute cannot be resolved through negotiation within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be Hong Kong. The arbitration shall be conducted in English, unless the parties agree otherwise in writing. The arbitral tribunal shall consist of one arbitrator.
The arbitration award shall be final and binding on both parties, and judgment upon the award may be entered and enforced in any court of competent jurisdiction.
Notwithstanding the above, Bibersoner may seek urgent injunctive relief, interim measures, or equitable remedies from any court of competent jurisdiction, including the courts of Hong Kong, where necessary to protect its intellectual property rights, confidential information, business interests, platform security, payment security, or to prevent fraud, misuse, or unauthorized access to the Services.
To the fullest extent permitted by applicable law, you and Bibersoner agree that any dispute shall be brought only on an individual basis and not as a class, collective, consolidated, or representative action.
Nothing in these Terms shall exclude, restrict, or limit any rights or remedies that cannot be excluded, restricted, or limited under applicable law.
If any dispute is determined by a court rather than arbitration, the parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
If you believe that any content available through the Services infringes your copyright, trademark, or other intellectual property rights, please contact us and provide sufficient information for us to review your complaint.
Your notice should include:
Please send notices to:
KUBULALA INTERNATIONAL LIMITED
UNIT 89, 3/F., YAU LEE CENTRE, NO.45, HOI YUEN ROAD, KWUN TONG, HONG KONG
Email: [email protected]
We may remove or disable access to content that we reasonably believe infringes third-party rights or violates these Terms.
Any legal notice, dispute notice, copyright notice, complaint, claim, or other formal communication relating to these Terms or the Services should be sent to:
KUBULALA INTERNATIONAL LIMITED
UNIT 89, 3/F., YAU LEE CENTRE, NO.45, HOI YUEN ROAD, KWUN TONG, HONG KONG
Email: [email protected]
Notices sent by email will be deemed received when successfully transmitted, unless the sender receives an automatic delivery failure notice.
We may provide notices to you by email, website posting, account notification, order notification, or other reasonable electronic communication method.
You agree that electronic notices satisfy any legal requirement that a notice be in writing, to the extent permitted by applicable law.
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without our prior written consent.
We may assign, transfer, delegate, or sublicense any rights or obligations under these Terms to an affiliate, successor, purchaser, acquirer, service provider, or in connection with a merger, acquisition, restructuring, sale of assets, or transfer of business.
Any attempted assignment by you in violation of this section is null and void.
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court, tribunal, arbitrator, or other competent authority, that provision shall be interpreted, modified, limited, or severed to the minimum extent necessary.
The remaining provisions of these Terms shall continue in full force and effect.
Our failure or delay to exercise or enforce any right, remedy, power, or provision under these Terms shall not constitute a waiver of such right, remedy, power, or provision.
Any waiver must be in writing and signed by us to be effective.
A waiver of one breach shall not be deemed a waiver of any other or subsequent breach.
These Terms, together with any policies, notices, product terms, order terms, return policy, refund policy, shipping policy, privacy policy, and other terms incorporated by reference, constitute the entire agreement between you and us regarding your access to and use of the Services.
These Terms supersede all prior or contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter of these Terms.
These Terms may be made available in different languages. If there is any inconsistency or conflict between the English version and any translated version, the English version shall prevail, unless otherwise required by applicable law.
The Services are operated by:
KUBULALA INTERNATIONAL LIMITED
Address: UNIT 89, 3/F., YAU LEE CENTRE, NO.45, HOI YUEN ROAD, KWUN TONG, HONG KONG
Website: https://bibersoner.com
Email: [email protected]
If you have any questions, concerns, complaints, cancellation requests, return requests, refund requests, privacy requests, dispute notices, or any other matter relating to these Terms or the Services, please contact us at:
