Hi Shop Terms of Use
Hi Shop Terms of Use
Welcome to the Hi Shop website and/or the Hi Shop mobile app. The company is incorporated under the laws of the United Kingdom of Great Britain and Northern Ireland and registered with the Accounting and Corporate Regulatory Authority of the United Kingdom of Great Britain and Northern Ireland under number 202118799Z, and its registered office is at Lloyds House, London, United Kingdom. You can contact our customer service here.
Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By using and/or accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use.
If you are accessing, uploading or viewing (1) livestream content; (2) content generated by you or Seller which is uploaded and/or viewed on the Platform; and (3) content generated by third parties engaged by Hi Shop, the Hi Shop Content Terms of Service shall apply.
For Products purchased on the general Hi Shop channel, the Hi Shop Terms and Conditions of Sale herebelow shall apply.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of the Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
Please note that we do not sell Products to persons under the age of eighteen (18) years. Therefore, the minors under eighteen (18) years old are not authorized to use the Platform and/or the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Hi Shop Terms of Use.
2. General use of the Services and/or access to the Platform
2.1. Guidelines to the use of Platform and/or Services: You agree to comply with any and all guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. Subject to the conditions of the applicable laws, we reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you will be bound by any changes to the foregoing upon their publication on the Platform.
2.2. Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Material;
(e) interfere with another Customer's utilization and enjoyment of the Platform and/or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform's data or damage or interfere with the operation of another Customer's computer or mobile device or the Platform or Services; and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3. Availability of the Platform and/or Services: we may, from time to time, upgrade, modify, suspend, discontinue or remove the provision, whether in whole or in part, the Platform or any Services and, to the maximum extent permitted by applicable law, shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform and/or any part of the Services.
2.4. Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may, where relevant, investigate any violation of the Hi Shop Terms of Use contained herein and may take any action we deem appropriate to the maximum extent permitted by applicable law;
(b) where relevant and acting reasonably, prevent or restrict access of any Customer to the Platform and/or the Services in case of repeated violations of the Hi Shop Terms of Use or of any applicable terms and conditions or of any applicable law;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) request any information and data from you in connection with your use of the Services and/or access to the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5. Privacy Notice: You acknowledge that you have read and agree to our Privacy Notice that provides for how we process your personal data.
2.6. If you use a Coupon, the Hi Shop Coupon Terms and Conditions shall apply.
2.7. Additional terms: In addition to these Hi Shop Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Services
3.1. Restrictions: Use of the Services is limited to Customers who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they fulfill the requirements of this Clause 3.1.
3.2. Hi Shop reserves the right to suspend and subsequently or directly cancel or refuse/reject any use of the Services acting reasonably, including without limitation, where it deems that any transaction is fraudulent or has reasonable grounds to suspect that it is fraudulent.
3.3. Product Description: While we endeavour to cause the relevant Seller to provide and/or confirm an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.
3.4. Prices of Products: All Listing Prices include taxes, unless otherwise stated. You shall be the importer on record for customs and/or taxation purposes, unless otherwise agreed between you and the Seller. For avoidance of doubt, you will be reminded before placing the order of potential existence of additional taxes and costs that cannot be reasonably calculated in advance but may be payable by you (e.g. import duties, tax and handling fees for products imported from third countries into the EU). Listing Prices may be amended at any time without giving any reason or prior notice.
3.5. Third-Party Vendors: You acknowledge that parties other than Hi Shop (i.e. Third-Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Hi Shop or a Third-Party Vendor, relevant information relating to the Seller will be accessible from the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer. You further acknowledge that Third-Party Vendors may use paid services offered by Hi Shop to promote their Product listings within your search results on the Platform.
4. Customers with Hi Shop accounts
4.1. Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the Platform. We may where relevant and except to the extent prohibited by applicable law, request that you update your Personal Data or forthwith invalidate the Username and/or Password providing you with a 15-day notice prior to the effective date of suspension or termination, except if a shorter notice period is needed to comply with applicable legal requirements or to address an unforeseen and imminent danger relating to the defense or protection of the online intermediation services, consumers (including EU/EEA buyers) or business users (including sellers) from fraud, malware, spam, data breaches or other cybersecurity risks. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You shall notify us immediately if you have knowledge that or have reasonable grounds to suspect that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2. Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed as follows, as the case may be:
(a) access to the relevant Platform and/or use of the Services shall be deemed conducted by you; or
(b) information, data, or communications posted, transmitted, and validly issued shall be deemed conducted by you.
To the maximum extent permitted by applicable law, you agree to be bound by any use of any Services and/or access of the Platform (whether such use and/or access are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. To the maximum extent permitted by applicable law, you further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to your use of any Services and/ or access to the Platform referable to your use of your Username and Password.
5. Intellectual property
5.1. Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent permitted by applicable law.
5.2. Restricted Use: Subject to the exceptions provided under the applicable law, no part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3. Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Hi Shop Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a“hot”link to any other website) any Trademarks displayed on the Services, without our prior written permission or that of any other applicable trademark owner.
6. Refunds/Returns/Repairs/Replacements
Return Policy: All returns of Products purchased on the Platform must be conducted in accordance with the instructions set out in our Return Policy.
7. Questions and complaints
7.1. If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Hi Shop using the“Help Center”page on the Platform, as applicable.
7.2. In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Hi Shop reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. Your Submissions and Information
8.1. Submissions by you: In order to allow us to provide the Services and to operate the Platform, you grant us a non-exclusive, worldwide license to use the materials or information that you submit to the Platform and/or provide to us, regarding elements such as questions, reviews, comments, and suggestions (collectively,“Submissions”). When you post comments or reviews on the Platform, you also grant us the right to use the content that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. You can send us an e-mail at hishoppro@outlook.com or contact us via the Intellectual Property Portal to inform us of any illicit content on the Platform, indicating the product(s) involved and providing us, if necessary, with any document that may justify the violation of your rights.
8.2. Consent to receive e-mails: You may receive informational and promotional e-mails in accordance with the provisions of our Privacy Notice.
9. Termination
9.1. Termination by us: Except as otherwise stipulated by applicable law, if you are, in our reasonable opinion, not acting in good faith, abusing the Services and/or the Platform, or otherwise acting in breach of these Hi Shop Terms of Use, Hi Shop shall have the right, except to the extent prohibited by applicable law, to terminate your use of the Platform and/or Services and/or disable your Username and Password upon giving you 15-day prior notice, except if a shorter notice period is needed to comply with applicable legal requirements or to address an unforeseen and imminent danger relating to the defense or protection of the online intermediation services, consumers (including EU/EEA buyers) or business users (including sellers) from fraud, malware, spam, data breaches or other cybersecurity risks.
9.2. Termination by you: You may terminate these Hi Shop Terms of Use by giving 7-day prior notice in writing to us.
10. Notices
10.1. Notices from us: All notices or other communications shall be deemed as given to you if:
(a) communicated through any electronic media as we may select, and will be deemed to be notified to you on the date of publication or sending; or
(b) sent by post or left at your last known address, and will be deemed to be received by you pursuant to the criteria applicable under the applicable laws.
10.2. Notices from you: You may give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3. Other Modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. General
11.1. Cumulative Rights and Remedies: Unless otherwise provided under these Hi Shop Terms of Use, the provisions of these Hi Shop Terms of Use and our rights and remedies under the Hi Shop Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Hi Shop Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Hi Shop Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2. No Waiver: Our failure to enforce these Hi Shop Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Hi Shop Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach the Hi Shop Terms of Use.
11.3. Severability: If at any time any provision of the Hi Shop Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Hi Shop Terms of Use.
11.4. Rights of Third Parties: To the maximum extent permitted by the applicable law, a person or entity who is not a party to the Hi Shop Terms of Use shall have no right to enforce any term of these Hi Shop Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Hi Shop Terms of Use.
11.5. Governing law:
This section is without prejudice to any rights you, as European Union/European Economic Area consumer, may have under article 18 of the Brussels I Bis Regulation (OJ EU 2012 L351/1), which means that you may bring a claim regarding your statutory rights in the EU/EEA country in which you live, generally in the courts of the place where you are domiciled.
Use of the Platform and/or the Services and these Hi Shop Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts. Such choice does not deprive you of the protection afforded by mandatory provisions in the laws of the EU and the country of your habitual residence, which means that you are entitled to any relevant rights and their exercise under EU laws and the laws of the country of your habitual residence.
11.6. Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to the Hi Shop Terms of Use herein, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of one sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties. Notwithstanding the foregoing, you can exercise your rights as European Union/European Economic Area consumer under article 18 of the Brussels I Bis Regulation (OJ EU 2012 L351/1), and bring a claim regarding your statutory rights in the EU/EEA country in which you live, generally in the courts of the place where you are domiciled.
11.7. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8. Amendments: We may modify the Hi Shop Terms of Use (including any related terms and conditions), publish new rules (including dispute rules) or make changes to the functionalities or applications of the Services themselves (such as making upgrades, modifications, creating limits or suspending them). If we make any changes (except for formatting or error corrections) to the Hi Shop Terms of Use (including any related documentation) or the Services themselves, or publish new rules, we will provide you notice through our Platform (including posting the newer version on the Platform) or by other means, to provide you the opportunity to review the changes or new terms with at least 15 days before they become effective (not being retroactive), although there might be instances (such as to comply with a legal requirement or address an unforeseen and imminent danger to protect you or a business user from fraud, malware, spam, data breaches or other cybersecurity risks) where we might need to give a shorter notice period. If you object to any changes we propose to make, you may terminate your account by going to “Profile – Delete account” in the mobile application of the Platform or by applying for account deletion at privacy center or by submitting an email requesting so to Your continued use of the Platform and/or Services after we publish or send a notice about our changes or new terms and after they have come into force means that you acknowledge and agree to the updated terms as of their effective date.
11.9. Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
11.10. Currency: Money references under the Hi Shop Terms of Use shall be in Euro for Customers established in the European Union.
11.11. Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”) and to the extent permitted by the applicable law, the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.12. Entire Agreement: The Hi Shop Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.13. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.14. Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.15. Assignment: You may not assign your rights under these Hi Shop Terms of Use without our prior written consent. We may assign our rights under these Hi Shop Terms of Use to any third party.
11.16. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Hi Shop Terms of Use (or any part thereof) in case of an event of force majeure, as defined by the applicable laws.
Schedule 1 - Definitions and Interpretation
1. Definitions
1.1. “Customer” means an authorized user of the Platform and/or the Services pursuant to the Hi Shop Terms of Use.
1.2. "Coupon" means a coupon or voucher for credit which may be used by a Customer, subject to relevant terms and conditions, towards the payment of purchases on the Platform.
1.3. “Customer Contract” shall be as defined in Clause 2.6 of the Hi Shop Terms and Conditions of Sale.
1.4. “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.5. “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities.
1.7. “Hi Shop”, “we”, “our” and “us” refer to Arise Operating E-commerce Private Limited, a company incorporated pursuant to the laws of Singapore and registered with the Accounting and Corporate Regulatory Authority of Singapore under number 202218799Z and having its registered address at 51 Bras Basah Road, #04-08 Lazada One, Singapore 189554.
1.8. “Hi Shop Indemnitees” means Hi Shop and all of its respective officers, employees, directors, agents, contractors and assigns.
1.9. “Hi Shop Payment” means payments made on the Platform.
1.10. “Hi Shop Terms and Conditions of Sale” means the terms and conditions governing a Customer's purchase of the Products on the Platform and are set out at Hi Shop Terms and Conditions of Sale.
1.11. “Hi Shop Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Customer's use of the Platform and/or Services and are set out at Hi Shop Terms of Use.
1.12. “Hi Shop Coupon Terms and Conditions” are set out at Hi Shop Coupon Terms and Conditions.
1.13. “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.14. “Order” means your order for Products sent through the Platform in accordance with the relevant terms and conditions of sale.
1.15. “Password” refers to the valid password that a Customer who has an account on the Platform may use in conjunction with the Username to access the Platform and/or Services.
1.16. “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.17. “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Hi Shop; and (b) the mobile applications made available from time to time by Hi Shop, including the iOS and Android versions.
1.18. “Privacy Notice” means the privacy policy set out at our Privacy Notice.
1.19. “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.20. “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law; and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.21. “Return Policy” means the return policy set out at our Return Policy.
1.22. “Seller” means a seller of Products as described in Clause 2.3 of the Hi Shop Terms & Conditions of Sale, and includes a Third-Party Vendor.
1.23. “Services” means access to the Platform and other services, information and functions made available by us on the Platform.
1.24. “Submission” is as defined in Clause 8.1 of the Hi Shop Terms of Use.
1.25. “Third-Party Vendor” means a seller which, with Hi Shop's permission, uses the Platform and/or Services to sell Products to Customers, and excludes Hi Shop.
1.26. “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.27. “Username” refers to the unique login identification name or code which identifies a Customer who has an account on the Platform.
1.28. “you” and “your” refer to the individuals over the age of 18 years old.
2. Interpretation
Any reference in the Hi Shop Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Hi Shop Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Hi Shop Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Hi Shop and the provision which is more favorable to Hi Shop shall prevail.
Hi Shop Terms and Conditions of Sale
Dated November 30, 2022
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 of the Hi Shop Terms of Use will apply to the Hi Shop Terms and Conditions of Sale.
As you are acting as an EU/EEA consumer, please note that to the extent mandatory statutory consumer protection regulations in your country of residence within the EU/EEA contain provisions that are more beneficial for you (such as, as the case may be, withdrawal and conformity guarantee statutory rights), such provisions shall apply. More information on Statutory rights for EU consumers.
2. Purchase of Products
2.1. Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Hi Shop (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. If we make any changes (except for formatting or error corrections) to these Hi Shop Terms and Conditions of Sale (including any related documentation) or the Services themselves, or publish new rules, we will provide you notice through our Platform (including posting the newer version on the Platform) or by other means, to provide you the opportunity to review the changes or new terms with at least 15 days before they become effective (not being retroactive), although there might be instances (such as to comply with a legal requirement or address an unforeseen and imminent danger to protect you or a business user from fraud, malware, spam, data breaches or other cybersecurity risks) where we might need to give a shorter notice period. If you object to any changes we propose to make, you may terminate your account by going to “Profile – Delete account” in the mobile application of the Platform or by applying for account deletion at privacy center or by submitting an email requesting so Your continued use of our Services after we publish or send a notice about our changes or new terms to the Hi Shop Terms & Conditions of Sale and after they have come into force means that you are consenting to the updated terms as of their effective date.
2.2. Product Description: While Seller shall provide an accurate description of the Products, to the maximum extent permitted by the applicable laws, Hi Shop does not warrant that such description is accurate, current or free from error. The Seller is bound to comply with all obligations related to online sales agreements resulting from the applicable laws, including, but not limited to information related obligations, the applicable product guarantees and the rights of consumers. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of the Hi Shop Terms and Conditions of Sale shall apply.
2.3. Sellers: Products are sold by “Sellers”. Hi Shop may be a “Seller” for certain selected Products. “Seller” may also refer to a party other than Hi Shop (such party referred to in the Hi Shop Terms and Conditions of Sale as a “Third-Party Vendor”). Whether a particular Product is listed for sale on the Platform by Hi Shop or a Third-Party Vendor, information on the relevant Seller shall be made accessible from the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3.1. for Products sold by Third-Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.3.2. for Products sold by Hi Shop, shall be agreements entered into directly and only between Hi Shop and you.
2.4. Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5. Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.6. Seller's reservation of rights in respect of Orders: All Orders shall be subject to Seller's validation and each Order validated by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller validating your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller may decline to process or accept an Order received from or through the Platform in the following cases: the Order does not comply with the Hi Shop Terms and Conditions of Sale, the ordered Product has become unavailable, the quantities of Products ordered do not correspond to a normal use from a consumer, you have not fully paid your past Order(s) within the due date, a dispute relating to the payment of one of your previous Orders is ongoing, suspicion of fraud based on several serious and concordant elements and if the same payment instrument is used simultaneously by several users and likely to cause a malfunction of the Platform.
2.7. Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise.
Some of these limitations and exclusions may not apply to you if your state, province or country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights under your local law in your state, province or country that vary from state to state. Nothing in the Hi Shop Terms and Conditions of Sale is intended to affect those rights if they are applicable to you.
2.8. Customer's Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Hi Shop or Seller.
2.9. No representations or warranties: To the maximum extent permitted by applicable law and subject to statutory warranties which apply to you and without prejudice to the generality of the foregoing clauses:
2.9.1. no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.9.2. Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion;
2.9.3. Unless Hi Shop acts as Seller, Hi Shop shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Hi Shop, addition and insertion of parts, in particular of spare parts which do not come from Hi Shop;
2.9.4. Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’failure to follow Hi Shop's instructions (whether oral or in writing) misuse or alteration or repair of the Products without Hi Shop's approval;
2.9.5. Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Hi Shop's prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
2.9.6. Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
2.9.7. Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.9.8. Some of these limitations and exclusions may not apply to you if your state, province or country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights under your local law in your state, province or country that vary from state to state. Nothing in the Hi Shop Terms and Conditions of Sale is intended to affect those rights if they are applicable to you.
2.10. Intellectual Property:
2.10.1. Unless the prior written consent of relevant right holder(s) has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.10.2. Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.10.3. The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of relevant right holder has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon request.
3. Delivery of Products
3.1. Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Hi Shop (or its agents) on behalf of Seller.
3.2. Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
3.3. Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4. Delivery timeframe: Paragraphs below do not apply to Customers from the EU/EEA, which benefit from the right to terminate the contract if the Seller fails to deliver the goods within the additional period of time appropriate to the circumstances after the initial delivery term. You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller.
3.5. Customer's failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
3.6. Unattended Delivery: Hi Shop provides the option of having your Products left at the Customer's doorstep, or as otherwise instructed by the Customer, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While Hi Shop's goal is to honour the Customer's preferences whenever possible, Hi Shop is unable to guarantee that Hi Shop (or our agents) will be able to meet these instructions under all circumstances. If the Customer selected for an Unattended Delivery and no one is available to accept the delivery of the Products, Hi Shop (or our agents) will leave the Customer's Products unattended on or in front of the Customer's premises, or as instructed. Where the Customer specifically instructs Hi Shop (or our agents) to leave the Customer's Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery shall be at the Customer's sole risk and the Customer accepts all liability and risk of loss, theft, and damage.
4. Prices of Products
4.1. Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2. Taxes: All Listing Prices include all taxes, unless otherwise stated. You shall be the importer on record for customs and taxation purposes, unless otherwise agreed upon between you and seller. For avoidance of doubt, you will be reminded before placing the order on potential existence of additional tax and costs that cannot be reasonably calculated in advance but may be payable by you (e.g. import duties, tax and handling fees for products imported from third countries into the EU). Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment
5.1. General: You may pay for the Product using any of the payment methods prescribed by Hi Shop from time to time. When you place an Order, actual payment will be only charged upon Seller's validation of your Order and formation of a Customer Contract. All payments shall be made to Hi Shop's designated payment processor as Seller's agent. You acknowledge that Hi Shop's designated payment processor is entitled to collect payments from you on behalf of Third-Party Vendors.
5.2. Additional Terms: The payment methods may be subject to additional terms as prescribed by Hi Shop from time to time.
5.3. Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Hi Shop), for any failure, disruption or error in connection with your chosen payment method. Hi Shop reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4. Payment by Coupon: If you use a Coupon, Hi Shop Coupon Terms and Conditions would apply.
5.5. Invoicing: In some cases (e.g. pre-orders), Seller may invoice you upon the due date of any payment under a Customer Contract.
5.6. Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.7. Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to the person who made the original payment.
(b) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(c) All refunds are conditional upon our acceptance of a valid return of the Product.
6. Refunds/Returns/Repairs/Replacements
All returns must be conducted in accordance with the instructions set out in our Return Policy. Customer may initiate the returns process by communicating with Seller or Hi Shop through the Platform, as the case may be. You can only cancel an Order in the following circumstances: (a) you are exercising your rights under Directive 2011/83/EU or other consumer protection regulation that may be applicable, including national law, or (b) if any such cancellation is permitted under any applicable return policy and/or if permitted specifically by the Platform for that type of Product or Order. Please refer to Statutory rights for EU customers regarding your cancellation and withdrawal statutory rights, which include, among others, withdrawal rights within 14 days and a minimum 2-year legal conformity guarantee right, provided that in Britain, the legal conformity guarantee period of new goods has been extended to 3 years for products sold since January 2022 (except for digital content or digital services contracts, the guarantee period remains 2 years).
While exercising your withdrawal right, you must notify us your decision to withdraw your Order. In order to do so, you can contact our return center by submitting the relevant request through the buyer center/orders.
You will have to pay costs for returning the purchased products to the Seller, unless it is indicated that you will not have to pay such costs or if you were not informed before you placed the order that you would have to pay such costs.
7. Questions and complaints
7.1. If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Hi Shop using the “Help Center” page on the Platform, as applicable.
7.2. In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Hi Shop reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. Termination
8.1. Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Hi Shop through our Help Center page. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.
8.2. Cancellation by Seller: Without prejudice to any other right of termination elsewhere in the Hi Shop Terms & Conditions of Sale, Seller, or Hi Shop acting on Seller's behalf, may suspend to clarify and subsequently or directly refuse/reject or cancel any Order suspend to clarify and subsequently or directly refuse/reject or cancel any Order which we, acting reasonably, determine to be in breach of the Hi Shop Terms & Conditions of Sale (including any related documentation), or impose penalties or restrictions, for any relevant reason, including compliance with consumers' protection, e-commerce, fraud, cybersecurity or intellectual and industrial property rights regulations or at the request of the competent authorities, without any liability for any losses or damages arising out of or in connection with such refusal or cancellation.
The assessment on the breach of the Hi Shop Terms & Conditions of Sale will be conducted internally, by affected departments of Hi Shop, among other the customer service or risk office teams. The Customer will have the opportunity to provide the input it deems appropriate regarding the decision taken by Hi Shop.
Some situations that may result in an Order being rejected or canceled include, without limitation, those where problems are identified by our credit and fraud control department, where Hi Shop has reason to believe the Order is unauthorized, violates any law, rule or regulations or may otherwise subject Hi Shop or any of our affiliates to liability.
Before authorizing the relevant Order to proceed and charge the Customer, or before carrying out the final decision on the refusal/rejection or cancellation of the Order, as the case may be, Hi Shop may also require additional verifications or information for any Order, and you agree to provide such verifications and information to Hi Shop upon request. Failure to submit these verifications and information when requested may result in the Order failing, in which case Hi Shop is not responsible for such failure. For the avoidance of doubt, if Hi Shop finally determines that such refused or cancelled Order was not in breach of the Hi Shop Terms & Conditions of Sale, we will make the proper arrangements for such Order to be completed or reimbursed, depending on the circumstances of the transaction. Hi Shop will not be liable for any losses or damages arising out of or in connection with the refusal or cancellation of the relevant Order and is allowed to make a determination on any dispute between you and the Seller, including the remittance of the funds under an Order that are held by Hi Shop's designated payment provider in accordance with the Hi Shop Terms & Conditions of Sale.
8.3. Termination by Seller in the event of pricing error: In case a Product has been mispriced on the Platform, you may be contacted by Hi Shop, in order to agree whether you wish to pay the correct price of the Product or whether you select to terminate the Customer Contract. Such termination may only intervene once you have been contacted by Hi Shop, in which event Hi Shop shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
9. Risk and Property of the Products
9.1. Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when delivery of the Goods has been tendered.
9.2. Notwithstanding delivery and the passing of risk of the Products or any other provision of the Hi Shop Terms and Conditions of Sale, the property of the Products shall not pass to the Customer until Hi Shop's designated payment service provider has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
10. LIMITATION OF LIABILITY
10.1. Sole remedies of customer: unless otherwise provided by applicable law, the remedies set out in clause 6 are the customer's sole and exclusive remedies for non-conformity of or defects in the products.
10.2. Maximum liability: To the fullest extent permitted by applicable law, notwithstanding any other provision of the Hi Shop Terms and Conditions of Sale, Seller"s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
10.3. Exclusion of liability: Hi Shop Indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(i) amounts due from other users of the platform in connection with the purchase of any product;
(ii) the sale of the Products to you, or its use or resale by you; and
(iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller's instructions on the use of the products (whether oral or written).
Some of these limitations and exclusions may not apply to you if your state, province or country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights under your local law in your state, province or country that vary from state to state. Nothing in the Hi Shop Terms and Conditions is intended to affect those rights if they are applicable to you.
11. General
11.1. References to “Hi Shop”: References to “Hi Shop” in the Hi Shop Terms and Conditions of Sale shall apply to Hi Shop's actions as the operator of the Platform as well as, on its own behalf as Seller when acting as Seller.
11.2. The rights and protections conferred on Hi Shop under these Hi Shop Terms and Conditions of Sale shall be additional to the rights and protections conferred on Hi Shop under the Hi Shop Terms of Use, our Privacy Notice as well as such other terms and conditions as may be agreed to or accepted by the Customer.
11.3. Any clause in the Hi Shop Terms and Conditions of Sale, Hi Shop Terms of Use, Privacy Notice and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
11.4. Hi Shop may alter, modify, add to or otherwise vary these Hi Shop Terms and Conditions of Sale from time to time, and in such manner as Hi Shop deems appropriate. We may modify the Hi Shop Terms and Conditions of Sale, publish new rules (including dispute rules) or make changes to the functionalities or applications of the Services themselves (such as making upgrades, modifications, creating limits or suspending them). If we make any changes (except for formatting or error corrections) to the Hi Shop Terms and Conditions of Sale (including any related documentation) or the Services themselves, or publish new rules, we will provide you notice through our Platform (including posting the newer version on the Platform) or by other means, to provide you the opportunity to review the changes or new terms with at least 15 days before they become effective (not being retroactive), although there might be instances (such as to comply with a legal requirement or address an unforeseen and imminent danger to protect you or a business user from fraud, malware, spam, data breaches or other cybersecurity risks) where we might need to give a shorter notice period. If you object to any changes we propose to make, you may terminate your account by going to “Profile – Delete account” in the mobile application of the Platform or by applying for account deletion at privacy center or by submitting an email requesting . Your continued use of our Services after we publish or send a notice about our changes or new terms to these Terms and Conditions of Sale and after they have come into force means that you are consenting to the updated terms as of their effective date.
11.5. Cumulative Rights and Remedies: Unless otherwise provided under the Hi Shop Terms & Conditions of Sale, the provisions of the Hi Shop Terms and Conditions of Sale and Seller's rights and remedies under the Hi Shop Terms and Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under the Hi Shop Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in the Hi Shop Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller's exercise of any other such right or remedy as at law or in equity.
11.6. Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller's part shall be subject to correction without any liability on Seller's part.
11.7. The provisions of the Hi Shop Terms of Use shall also apply to the Hi Shop Terms and Conditions of Sale.
11.8.Before applying to close the store, the merchant needs to keep the store orders fully processed before applying to close the store.
Contact Info
- Address: 4 Lindsey St, Barbican, London EC1A 9PLKaleidoscope, United Kingdom
- Email: hishoppro@outlook.com
