Terms and Conditions for Sale of Products
1 - These terms
1.1 - We are Design Pool Limited (trading as Native Union), a company registered in Hong Kong. Our company registration number is 1317504 and our registered office is at 2/F, Eastown Building, 41 Lockhart Road, Wanchai, Hong Kong.
1.2 - These are the terms and conditions on which we supply Native Union products (“Products”) to you through our website (“Website”).
1.3 - Placing an order for Products (“Order”) entails your full and unreserved adherence to these terms and conditions (“T&Cs”) If we make significant changes to these T&Cs, you will be notified in writing.
1.4 - When we use the words "writing" or "written" in these T&Cs, this includes emails.
2 - Order management
2.1 - You may place Orders with us as instructed on our Website. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 - If we are unable to accept your Order, we will let you know in writing and will not charge you for the Product ordered. This might be because:
- (a) the Product ordered is out of stock;
- (b) there are unexpected limits on our resources which we could not reasonably plan for;
- (c) we have identified an error in the price or description of the Product;
- (d) we are unable to meet a delivery deadline you have specified;
- (e) your attempted transaction has been flagged as high-risk for fraud.
3 - Our products
3.1 - The images and the packaging of the Products on website and/or advertising materials are for illustrative purposes only. Although we make every effort to display the colors accurately, Products (including their packaging) that you purchase may vary slightly from those images.
4 - Order processing and Changes to the Order
4.1 - Orders are processed Monday through Friday at 9 AM (local time in Hong Kong). Orders placed after 9 AM on Friday (local time in Hong Kong) will be processed the next business day. Our Order processing is automated, hence, once an Order is placed on our website, it cannot be cancelled or amended.
4.2 - If you wish to change your Order after it has been placed on our website, it will be subjected to our Returns policy.
5 - Delivering the products
5.1 - We will deliver the Products to the address as specified in your Order as soon as reasonably possible on or about the estimated delivery dates as set out in our confirmation email. The costs of delivery will be as displayed to you on our Website.
5.2 - If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.3 - A Product will be your responsibility from the time we deliver the Product to the delivery location you specified or you (or a carrier organized by you) collect it from us.
5.4 - You own a Product once we have received payment in full, unless otherwise specified in the T&C’s.
6 - Warranty and Product defects
6.1 - We warrant that on delivery, and for a period of twelve (12) months from the date of delivery (the “Warranty Period”), the Products will:
- (a) be of merchantable or satisfactory quality;
- (b) be fit for purpose held out by us;
- (c) be free from material defects in design, material and workmanship; and
- (d) conform with their description given on our Platform in all material aspects.
6.2 - Any warranty given by us under this clause does not apply to any defect in the Products arising from:
- (a) fair wear and tear;
- (b) willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
- (c) your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
- (d) any alteration or repair by you or by a third party; or
- (e) us following any of your specification or requests.
6.3 - If you become aware of any defect in all or part of the Products delivered during the Warranty Period, you must:
- (a) give notice in writing to email@example.com as soon as practicable; and
- (b) follow our Warranty Conditions available at https://www.nativeunion.com/warranty, unless otherwise specified.
6.4 - Where the Products under Clause 6.1 are found to be defective, we will, at our option, repair or replace the defective Products, or refund the price of such defective Products in full as per our Warranty rules available at https://www.nativeunion.com/warranty. We have no further liability to you for defective Products upon replacement, repair or refund of the defective Products.
6.5 - If you have any questions or complaints about any Product, please email us at firstname.lastname@example.org.
7 - Price and payment
7.1 - The price of the Product will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 7.2 for what happens if we discover an error in the price of the Product you order.
7.2 - It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount, or refund you the difference in pricing; but if it's higher than the price stated to you, we will contact you for further instructions before we accept your Order.
7.3 - The Order shall be paid for by payment card once the Order has been validated. Your account shall be debited immediately after acceptance of these T&C’s and validation of the Order, when the confirmation email is sent.
7.4 - We use a secure payment method. Consequently, we cannot be held liable for any fraudulent or improper use of your means of payment, over which we have no control.
7.5 - You must pay for the Products before we dispatch them.
8 - Limitation of Liability. Our responsibility for loss or damage suffered by you.
8.1 - Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Native Union to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid or payable under this Agreement.
8.2 - In no event shall Native Union be liable to you for any loss of business, loss or opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Native Union had been made aware of the possibility of you incurring such a loss.
9 - Indemnification
9.1 - You shall indemnify Native Union against all claims, costs and expenses which Native Union may incur, and which arise, directly or indirectly, from your breach of any of its obligations under the Agreement, including any claims brought against Native Union alleging that any Products provided by Native Union in accordance with the Order infringes a patent, copyright or trade secret or other similar right of a third party.
10 - Intellectual Property Rights
10.1 - The Products contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either Native Union or third parties.
10.2 - Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.
11 - Data privacy
12 - Entire agreement
12.1 - These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
12.2 - You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
13 - Other important terms
13.1 - We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
13.2 - You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 - This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.
13.4 - Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Each of the paragraphs of these terms operates separately.
13.5 - Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14 - Governing law and jurisdiction
14.1 - These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
14.2 - The courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.