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TERMS AND CONDITIONS
Last Updated: December 1st, 2021
This Website at the URL (xkchief.com) ("XKCHIEF Online Store") is owned by XKCHIEF Individual Studio.
XKCHIEF believes strongly in protecting user privacy.
Purchasing of any products supplied by the XKCHIEF Online Store ("Products") requires that you accept XKCHIEF’s privacy policy. Please go to XKCHIEF's privacy policy for information on how XKCHIEF collects and uses personal information from users of the XKCHIEF Online Store.
Products that you purchase via the XKCHIEF Online Store will be sold to you by XKCHIEF Individual Studio.
Your purchases of any Products via the XKCHIEF Online Store from XKCHIEF Individual Studio will be governed by the following terms and conditions of Sales. Please read these terms and conditions carefully before ordering any Products from the XKCHIEF Online Store. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
XKCHIEF Individual Studio’s Terms and Conditions of Sale ("Sales Terms")
This Website at the URL (xkchief.com) ("XKCHIEF Online Store") is owned by XKCHIEF Individual Studio.
XKCHIEF believes strongly in protecting user privacy.
Purchasing of any products supplied by the XKCHIEF Online Store ("Products") requires that you accept XKCHIEF’s privacy policy. Please go to XKCHIEF's privacy policy for information on how XKCHIEF collects and uses personal information from users of the XKCHIEF Online Store.
Products that you purchase via the XKCHIEF Online Store will be sold to you by XKCHIEF Individual Studio.
Your purchases of any Products via the XKCHIEF Online Store from XKCHIEF Individual Studio will be governed by the following terms and conditions of Sales. Please read these terms and conditions carefully before ordering any Products from the XKCHIEF Online Store. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
XKCHIEF Individual Studio’s Terms and Conditions of Sale ("Sales Terms")
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made in the XKCHIEF Online Store ("Products").
With regard to the purchases in the XKCHIEF Online Store, XKCHIEF will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
XKCHIEF may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the XKCHIEF Online Store. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 14 (LIABILITY).
IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE XKCHIEF ONLINE STORE.
2. Your account
If you create an account (personal user identification or username) on the XKCHIEF Online Store you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Placing an Order
3. Placing an Order
To be able to buy Products you have to:
• read and accept these Sale Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address (Note that XKCHIEF is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, some hotels, hostels or prisons.);
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card to buy the Products if paying with a credit card.
You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the XKCHIEF Online Store, XKCHIEF will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation Email") of the order(s) and setting out details of the ordered Product(s).
XKCHIEF may choose not to accept any order in XKCHIEF's sole discretion including without limitation in the case of abnormal orders and orders which XKCHIEF suspects are not placed in good faith.
• read and accept these Sale Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address (Note that XKCHIEF is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, some hotels, hostels or prisons.);
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid credit card to buy the Products if paying with a credit card.
You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the XKCHIEF Online Store, XKCHIEF will send an email to the email address you provided acknowledging receipt ("Order Receipt Confirmation Email") of the order(s) and setting out details of the ordered Product(s).
XKCHIEF may choose not to accept any order in XKCHIEF's sole discretion including without limitation in the case of abnormal orders and orders which XKCHIEF suspects are not placed in good faith.
After receiving your order(s), XKCHIEF will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and XKCHIEF will only be formed when XKCHIEF emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation Email"). The order is formed on sending the Shipment Confirmation Email whether or not you actually receive such email.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed in the Shipment Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
In the Order Receipt Confirmation Email you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation Email and these Sale Terms for your own records.
You have the option to cancel your order at any stage before you have received your Shipping Confirmation Email by contacting XKCHIEF. If you would like to cancel your order after you have received your Shipping Confirmation Email, please see the Return and Refund section below.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed in the Shipment Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
In the Order Receipt Confirmation Email you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation Email and these Sale Terms for your own records.
You have the option to cancel your order at any stage before you have received your Shipping Confirmation Email by contacting XKCHIEF. If you would like to cancel your order after you have received your Shipping Confirmation Email, please see the Return and Refund section below.
5. Prices, Shipping and Handling, and Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email.
In the event of a pricing error, whether on the XKCHIEF Online Store or in an Order Receipt Confirmation Email or otherwise, you accept that XKCHIEF has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email, XKCHIEF will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after XKCHIEF has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then XKCHIEF is under no obligation to provide a Product to you at an incorrect (lower) price.
Separate charges for shipping will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing error as described above).
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email.
In the event of a pricing error, whether on the XKCHIEF Online Store or in an Order Receipt Confirmation Email or otherwise, you accept that XKCHIEF has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email, XKCHIEF will notify you the correct price before processing your order, and your sole remedy in the event of such error is to cancel your order.
You acknowledge that even after XKCHIEF has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then XKCHIEF is under no obligation to provide a Product to you at an incorrect (lower) price.
Separate charges for shipping will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing error as described above).
6. Payment
Unless otherwise stipulated herein, the purchase price for all goods ordered is due and payable when you have finished shopping and placed your order. Payment may be made via an online payment method on this Website.
7. Delivery
XKCHIEF has entrusted DHL Express (China) Limited and DHL eCommerce Limited as the carriers for product delivery. You should allow 1-3 business days for standard delivery for in stock items, provided that your payment is received before 12pm on the day that the order is placed. XKCHIEF reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
If you unreasonably defer delivery or delay the receipt of delivery after XKCHIEF has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to XKCHIEF within 3 days from the date of 2nd attempts of unsuccessful delivery. XKCHIEF reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Events outside the control of XKCHIEF
XKCHIEF shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
•civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
•strikes or lock-outs (or other industrial action);
•national or local states of emergency,
•failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
•impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•the acts, decrees, legislation, regulations or restrictions of any government.
XKCHIEF's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
XKCHIEF uses reasonable efforts to ensure the availability of Products you order from the XKCHIEF Online Store. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the XKCHIEF Online Store as your final point of reference when checking compatibility. In the event of a difference between the XKCHIEF Online Store content and any other website (or any other source of information) the compatibility of Products as shown on the XKCHIEF Online Store at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay XKCHIEF for assistance.
11. Title to Products
XKCHIEF retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
Unless otherwise stipulated herein, the purchase price for all goods ordered is due and payable when you have finished shopping and placed your order. Payment may be made via an online payment method on this Website.
7. Delivery
XKCHIEF has entrusted DHL Express (China) Limited and DHL eCommerce Limited as the carriers for product delivery. You should allow 1-3 business days for standard delivery for in stock items, provided that your payment is received before 12pm on the day that the order is placed. XKCHIEF reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
If you unreasonably defer delivery or delay the receipt of delivery after XKCHIEF has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, you need to contact the carrier promptly for collection, failing which the delivery package will be returned to XKCHIEF within 3 days from the date of 2nd attempts of unsuccessful delivery. XKCHIEF reserves its rights to claim from you any loss occasioned by your neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the ordered items.
8. Events outside the control of XKCHIEF
XKCHIEF shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
•civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
•strikes or lock-outs (or other industrial action);
•national or local states of emergency,
•failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster.
•impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•the acts, decrees, legislation, regulations or restrictions of any government.
XKCHIEF's performance is deemed to be suspended for the period that the above continues.
9. Product Availability
XKCHIEF uses reasonable efforts to ensure the availability of Products you order from the XKCHIEF Online Store. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the XKCHIEF Online Store as your final point of reference when checking compatibility. In the event of a difference between the XKCHIEF Online Store content and any other website (or any other source of information) the compatibility of Products as shown on the XKCHIEF Online Store at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay XKCHIEF for assistance.
11. Title to Products
XKCHIEF retains full legal title to Products until it has received all amounts due on the ordered Products in full. The Products will be at your risk from the time of delivery. Ownership will pass to you when we receive payment in full for the Products ordered.
12. Return and Refund
if for any reason you are not completely satisfied with your purchase from the XKCHIEF Online Store, you can return any Product purchased from the XKCHIEF Online Store within 7 days of receipt for a refund, subject to the conditions set out below. Your legal rights in respect of defective goods are unaffected. For return of sale items, you will have to pay the additional shipping cost incurred.
To cancel your order you must notify XKCHIEF either via email and arrange for return of the ordered items in accordance with the instructions given by XKCHIEF.
If you do not return the Products, XKCHIEF reserves the right to refuse a refund. If you return any Products in a used or damaged condition, XKCHIEF reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once XKCHIEF has received and validated your returned Products, Your refund will then be processed by XKCHIEF and confirmed to you by email. In most circumstances, your refund will be processed within 30 (thirty) days of XKCHIEF's email to you confirming the receipt and validation of your returned Products.
Please note that if you have purchased a discounted bundled set or sale item, it is not applicable for the return or refund policy.
if for any reason you are not completely satisfied with your purchase from the XKCHIEF Online Store, you can return any Product purchased from the XKCHIEF Online Store within 7 days of receipt for a refund, subject to the conditions set out below. Your legal rights in respect of defective goods are unaffected. For return of sale items, you will have to pay the additional shipping cost incurred.
To cancel your order you must notify XKCHIEF either via email and arrange for return of the ordered items in accordance with the instructions given by XKCHIEF.
If you do not return the Products, XKCHIEF reserves the right to refuse a refund. If you return any Products in a used or damaged condition, XKCHIEF reserves the right to deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.
Once XKCHIEF has received and validated your returned Products, Your refund will then be processed by XKCHIEF and confirmed to you by email. In most circumstances, your refund will be processed within 30 (thirty) days of XKCHIEF's email to you confirming the receipt and validation of your returned Products.
Please note that if you have purchased a discounted bundled set or sale item, it is not applicable for the return or refund policy.
13. Jewellery Warranty
Unfortunately we don't replace any jade or bone carvings that have broken due to bangs, knock, or drops. We can tell how something has been broken by assessing the fractures, so get in touch, be honest and we will see what we can do instead of a replacement.
14. Liability
XKCHIEF warrants to you that any Product purchased from or through the XKCHIEF Online Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
XKCHIEF are responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or PAP/XKCHIEF, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of XKCHIEF in respect of the sale of the Products via the XKCHIEF Online Store. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on XKCHIEF other than those set out in these Sales Terms.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF XKCHIEF SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE XKCHIEF ONLINE STORE.
15. Severability
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
16. Contact details
Any XKCHIEF Online Store order related questions or complaints. You can contact XKCHIEF either via email info@xkchief.com
Unfortunately we don't replace any jade or bone carvings that have broken due to bangs, knock, or drops. We can tell how something has been broken by assessing the fractures, so get in touch, be honest and we will see what we can do instead of a replacement.
14. Liability
XKCHIEF warrants to you that any Product purchased from or through the XKCHIEF Online Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
XKCHIEF are responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or PAP/XKCHIEF, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of XKCHIEF in respect of the sale of the Products via the XKCHIEF Online Store. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on XKCHIEF other than those set out in these Sales Terms.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF XKCHIEF SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE XKCHIEF ONLINE STORE.
15. Severability
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
16. Contact details
Any XKCHIEF Online Store order related questions or complaints. You can contact XKCHIEF either via email info@xkchief.com
17. Waiver
If PAP fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if PAP fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between XKCHIEF and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
19. Governing law and Jurisdiction
These Sale Terms and your purchase of products from XKCHIEF through the XKCHIEF Online Store shall be governed by and construed in accordance with the laws of China
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from XKCHIEF (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the China.
If PAP fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if PAP fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between XKCHIEF and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
19. Governing law and Jurisdiction
These Sale Terms and your purchase of products from XKCHIEF through the XKCHIEF Online Store shall be governed by and construed in accordance with the laws of China
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from XKCHIEF (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of the China.
