1) Introduction

1.1 Welcome to BERTH.hk. This website (Site) and domain name are owned and operated by BERTH GROUP LIMITED (BERTH). Access to and use of this Site and the products and services available through this Site (collectively, the Services) are subject to the following terms, conditions and notices (the Terms and Conditions).

1.2 By using the Services, you are agreeing to all of the Terms and Conditions, which, together with the Privacy Policy, may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use or order any products from our Site.

1.3 This Site is operated by BERTH (we/us/our), a company registered in Hong Kong SAR (CR No. 2453717), and whose registered address is at Flat A, 3/F, Po Wing Building, No.114, Percival Street, Causeway Bay, Hong Kong

1.4 We make our Site available in a mobile-friendly format (our Mobile Services). All mobile phones that have Internet access can make use of the Mobile Services. Users with mobile phones that have this access also have the option to view the full html website that is available on your PC. You can use the Mobile Services to take advantage of our special pricing and promotions that you view on the full html website or that you receive in an e-mail offering from us.

2) Cybercrimes

2.1 You may not misuse this Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorised access to this Site, to the server which hosts this Site or to any other server, computer or data base related to our Site. You undertake not to attack this Site via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. In the event of such a breach, your right to use this Site will terminate immediately.

2.2 We will use reasonable care and skill to ensure that this Site is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this Site or from the downloading of the contents thereof or of such contents to which this Site redirects.

3) Intellectual Property

3.1 BERTH, its logo and certain product names are trade marks. (Trade Marks). All material on this Site, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Fast Retailing Co., Ltd. We have a no-tolerance policy regarding the use of our Trade Marks. You must not reproduce, transmit, adapt, distribute, sell, modify, publish, or store Content or Trade Marks for any purpose, other than with the prior written consent of Fast Retailing Co., Ltd., or as permitted by law. All rights of Fast Retailing Co., Ltd. are expressly reserved.

3.2 No licence to the use of such Trade Marks is granted to you under the Services or by your use of the Services. Your misuse of our Trade Marks displayed on the Services is strictly prohibited. You are also advised that we may enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

4) Licence and Use of Site

4.1 By accepting the limited licence we grant you to access and make personal use of the Site, you warrant that you are at least 16 years old or are capable of entering into binding contracts.

4.2 You are permitted to share Content provided through the Services on social media such as Facebook, Twitter, Instagram, Whatsapp, Line, WeChat, or similar services. This permission is a limited licence to use the Content solely for such purpose and does not represent a transfer of title in any BERTH Content.

4.3 You must not:

(a) Use the Site in breach of any applicable laws or regulations;

(b) Make any speculative, false or fraudulent orders (failure to do so will lead to the cancellation of your order and our entitlement to inform relevant authorities as we see fit);

(c) Impersonate or misrepresent your affiliation with any person or entity, including another person’s name or likeness, or provide false details of your account;

(d) Use the Site to harm, abuse, harass, stalk, threaten or otherwise offend others;

(e) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or any portion of the Site for any commercial purpose without express written consent of BERTH;

(f) Frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of BERTH and its affiliates (including the parent company) without express written consent from BERTH;

(g) Gather data use any data mining, robots, or similar data extraction tools;

(h) Interfere with, disrupt, or create an undue burden on the Site; or

(i) Upload, post, transmit or otherwise make available any material that:

(i) Is not your original work, or which may infringe the intellectual property or other rights of another person;

(ii) Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, political disposition, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) Includes an image or personal information of another person unless you have their consent;

(iv) You know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(v) Contains large amounts of untargeted, unwanted or repetitive content; or

(vi) Contains financial, legal, medical or other professional advice.

4.4 If you believe that a user has breached any of the above conditions, please contact us at enquiry: boney@berth.hk

4.5 BERTH reserves the right to block or suspend any user of its Site, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Site by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Site, you grant BERTH a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Ordinance (Cap. 528).

4.6 BERTH is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site by any person other than BERTH. BERTH does not endorse any opinion, advice or statement made by any person other than BERTH.

4.7 You agree to fully indemnify BERTH and each of the officers, employees, agents, contractors, suppliers and licensors (“Affiliates”) of BERTH in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your affiliates.

 

5) Service Availability

Items offered over this Site are only available for delivery to most of the commercial, industrial and residential areas in Hong Kong and Macau SAR (excluding post office box addresses, , and certain restricted areas, for example those that require special permits).

 

6) Terms of Use for Downloads

6.1 Downloaded material is provided "as is" and your use of the downloaded content is at your own risk. Downloads may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the download for viruses before access.

6.2 Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to any download.

6.3 Please note that we are under no obligation to answer questions about the use of downloaded content.

 

7) Contract Creation and Electronic Contracting

7.1 To place an order on the Site, you must be a private consumer (not a reseller or acting in the capacity of a company).

7.2 When you place an order by pressing the ‘pay now’ button at the end of the checkout process, you will receive an acknowledgement confirming receipt of your order. Please note:

(i) An order can be paid for by debit or credit card or other modes as more specified in the checkout page;

(ii) We do not accept cash or cheques for online purchases; and

(iii) If you have a voucher, promotion or discount code, this should be entered during the checkout process to be valid.

7.3 This acknowledgement will only be an acknowledgement of your order and will not constitute acceptance of your order. A contract between us for the purchase of the goods (the “Contract”) will not be formed until you receive a message confirming your product is shipped from our warehouse or ready for pickup (“Dispatch Confirmation”). Please note that the Contract only includes those items listed in the Dispatch Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Dispatch Confirmation.

 

8) Pricing

8.1 BERTH uses all reasonable efforts to ensure that all pricing information on the Site is correct and up-to-date, but errors (including processing errors) may occur. Please note that we are under no obligation to provide the items to you at the incorrect (lower) price.

8.2 All prices and charges on this Site are in Hong Kong Dollars (HK$). Delivery charges may apply and these will be clearly displayed during the order process. The total transaction amount will be shown in the acknowledgement and the Dispatch Confirmation.

8.3 The total cost for delivery will be itemised and identified on the payment screen. If you have a discount promotional code it is entirely your responsibility to ensure this is included in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.

8.4 We reserve the right to reject any offer to purchase a product by you at any time before you receive the Dispatch Confirmation.

 

9) Promotion and Discount Codes

9.1 Discounts and discount thresholds exclude delivery charges. Discounts cannot be used in conjunction with any other offers.

9.2 Our exclusive offers may only be applicable to online purchases; these offers may not apply to our physical stores. If a customer wishes to benefit from these exclusive online offers they will need to place an order online. Please note, if you purchase an item that is exclusively on offer online, but is listed in one of our physical stores at full price, you will not be entitled to a refund for the difference in amount.

 

10) Availability of Items

10.1 All orders for items are subject to availability. In the event the items are no longer in stock or we experience supply difficulties, we are entitled to provide you with information of items of equal or higher quality and value which you can order. If such arrangement fails, you will receive a full refund by your original means of payment.

10.2 In the event of a stock shortage at store for your store pick-up, our staff will assist you in requesting for a transfer of your purchased items from other stores or our warehouse to fulfill the order. If such arrangement fails, you will receive a full refund by your original means of payment.

 

11) Our Products

11.1 You should bear in mind that buying clothing and accessories over the Internet provides a different shopping experience to buying in store. In describing the products available to purchase online, BERTH attempts to be as accurate as possible. However, BERTH does not warrant that product descriptions or other content of any BERTH Services are accurate, complete, reliable, current, or error-free.

11.2 Be aware that:

(i) The colours which are shown on the Site will depend on many factors, including your computer display settings; and we cannot guarantee that your monitor will accurately reflect the colour of the products on delivery and/or receipt.

(ii) The weights, measurements, sizes dimensions and capacities shown on the Site are provided as best estimates. There may be variations in the manufacturing processes, meaning that products delivered may have minor differences in appearance to how they are displayed and described on the Site.

 

12) Delivery

12.1 We will endeavour to fulfill your order for items listed in the Dispatch Confirmation in 1 to 3 working days. Please note that any delivery estimates given are estimates only.

12.2 A standard delivery charge of HK$30 per order will generally apply. (Worldwide depends on the country)

12.3 If our supply of the items is delayed by event outside our control, we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Please note that 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 terminate the Contract and receive a refund for item(s) you have paid for but not received.

12.4 If you are not at the delivery location at the time agreed, your item(s) will be kept with the third party courier. We will notify you through SMS to explain where your parcel is and how you can rearrange delivery on another mutually convenient day.

12.5 If after 45 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we will assume that you wish to cancel the Contract and it will be terminated. Consequently, we will return to you all payments received from you, including the delivery charge of HK$30, without any undue delay, and at any rate, within 30 days of the date on which this Contract has been terminated. (Worldwide depends on the country)

 

13) Store Pick-up Service

13.1 If you have chosen the free delivery at store option, you will be able to pick up the items at your selected store within 24 hours of your order, subject to stock availability and other factors. You will not be able to select a store which is unavailable for store pick-up.

13.2 You should pick up your purchased item(s) in store within 7 days from when your order is ready to be picked up (i.e. transaction date + 7 days). If you are unavailable to pick up within 7 days, you may contact our Call Centre to extend your collection period for 7 further days, i.e. 14 days from the date when your order is ready to be picked up.

13.3 Your store pick-up order will only be available to be picked up by you, or by someone else at your appointment from the store that you indicated in your order. Please note that you or the person who picks up the order on your behalf must present the order code sent to the phone number you provided to us via SMS and a proof of identity in order to complete the store pick-up service.

 

14) Force Majeure

14.1 We will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (a “Force Majeure Event”), including (but not limited to) the following:

(i) Strikes, lockouts, failures of third party systems or networks;

(ii) Acts of god, fire, earthquake, storm, flood, epidemic or other natural disaster;

(iii) Civil unrest, acts of terrorism, invasion, war (whether declared or not) or threat or preparation for war;

(iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(v) Impossibility of the use of public or private telecommunications networks;

(vi) The acts, decrees, legislation, regulations or restrictions of any government;

(vii) Any shipping, postal or other relevant transport strike, failure or accidents.

14.2 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the obligations under our Contract may be performed despite the Force Majeure Event.

 

15) Risk of Loss and Title to Goods

15.1 All items purchased from BERTH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

15.2 Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery to the carrier, whichever is later.

 

16) Exchanges, Returns and Refunds

16.1 When you receive the items, you may handle them to establish their nature, characteristics and functioning. You may exchange or return and refund any defective, soiled, washed, altered, worn (other than to try the item on), incorrect, or damaged items. Please note that if your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.

16.2 If you decide to request for exchange or return and refund, you must return the original item at your own cost using or including all their original packaging, instructions, and other documents, if any, accompanying the items, to our warehouse, or any BERTH stores in Hong Kong or Macau SAR.

16.3 You must ensure the means of payment that you originally used is one of those specified as such in Clause 7.2 of this Terms and Conditions before you request for exchange, and that:

(i) Its price is equal to the price that you paid for the original item; or

(ii) Its price is higher than the price that you paid for the original item and you agree to pay for the difference between the two items.

16.4 Return or exchange for online purchases

16.4.1 Online purchases could be returned or exchanged within 30 days from the date the order is received, subject to the following terms:

(i) Upon presentation of the original packing list

(ii) Goods have not been worn or used, and are in new, clean and original selling conditions with all tags and packing (if applicable) intact

(iii) Innerwear, socks, leggings, body-shapers, support tights, swimwear, baby items, pants with alternation and discounted defective items sold could not be returned nor exchanged

(iv) Online exchange is applicable to item with same item code but different color or size

(v) Except goods with quality issue, all items could only be exchanged or returned once, and exchanged items could not be returned

(vi) Online return is not applicable to special collaboration and sale item as more specified in its product details page

16.4.2 Please refer to the packing list for procedures of returning or exchanging goods purchase online to warehouse or any BERTH stores in Hong Kong or Macau SAR.
N.B. Delivery costs for exchange and return from you to our warehouse shall be incurred by you, unless the item is soiled, washed, altered, worn, incorrect, or damaged upon receiving them, in which case we will bear the delivery costs for exchange of such defective item. We will be responsible for the delivery costs when we deliver your exchanged item from our warehouse to your postal address.

16.5 BERTH does not take title to returned items or items for exchange until the item arrives at our warehouse or any BERTH stores in Hong Kong or Macau SAR.

16.6 After you have chosen your exchange method, we will notify you with an expected time of delivery, e.g. within 1-3 working days from the date of request, subject to availability of the item(s) and Clause 14.

 

17) Liability and Disclaimers

17.1 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.

17.2 Notwithstanding anything to the contrary in these Terms and Conditions, our liability for losses you suffer arising under or in connection with our breach of these Terms and Conditions (whether in contract, tort or otherwise) is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

17.3 We only supply the products for domestic and private use. You agree not to use products and the Site for any commercial, business or re-sale purposes, and we have no liability to you for any wasted management time or lost profits, business, revenue, goodwill, or anticipated savings, or for any loss of, or damage to, data.

17.4 To the fullest extent permitted by law, the Site and all information contained therein is provided by us on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements. We use reasonable care in compiling and presenting the content of the Site, but we can give no guarantee that the content is complete, accurate or up to date.

17.5 We makes no representations or warranties of any kind, express or implied, as to the operation and availability of this Site or the information, content or materials presented on the Site. You expressly agree that your use of this Site is at your sole risk.

17.6 To the extent permitted by law, we hereby expressly exclude all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with use of the Site. In particular and without limitation to the generality of the above, we shall not be liable for any loss or damage to computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage.

 

18) Transfer of Rights and Obligations

18.1 The Contract between you and us is binding for you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of our contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub contract or otherwise dispose of our contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

18.2 If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set out in their Terms and Conditions.

 

19) Warranty

19.1 Notwithstanding anything to the contrary in these Terms and Conditions, all products supplied by us are warranted to be of satisfactory quality and reasonably fit for purpose free from defects in workmanship or materials for a period as shown on the Site. This warranty does not affect your statutory rights as a consumer.

19.2 This warranty is only valid with proof of purchase from BERTH and does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with our instructions, or any alteration or repair carried out without our approval.

19.3 Legal rights under applicable law governing the sale of consumer goods are not affected by this warranty.

 

20) Changes to These Terms

20.1 BERTH reserves the right, at its sole discretion, to change, modify, add or delete any part of these Terms at any time without further notice to you. Any changes to the Terms will be posted on the Site by BERTH and the date at the bottom of these Terms will be amended to show when these Terms were last revised. BERTH recommends that you revisit these Terms regularly to keep informed of the current Terms that apply to your use of the Site and the delivery of your products.

20.2 Your continued access and use of the Site after any changes or updates constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Site and determine if there have been any changes to these Terms.

20.3 If any of these Terms or any provisions of the Contract are determined by an competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20.4 These Terms and Conditions shall not be altered or modified in any way without the prior written consent of us.

 

21) Law and Jurisdiction

21.1 These Terms and Conditions are governed by the laws of Hong Kong SAR. Any dispute arising from, or related to the use of this Site or to such Contracts shall be subject to the exclusive jurisdiction of the Hong Kong courts. Please note that these Terms do not affect your statutory rights as a consumer.

 

22) General

22.1 By accepting of these Terms and Conditions and your continued use of this Site, you acknowledge that you have read and understood these Terms and Conditions and you agree to act in accordance with, and be bound by them.

22.2 These Terms and Conditions (together with the Privacy Policy) set out the entire agreement between us in respect of use of the Site and the sale, purchase, delivery and use of the products. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms is binding on us unless agreed by us in writing.

 

23) Feedback

23.1 We welcome your suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mistext as to the origin of any content.

23.2 We may give notice to you upon receiving your notices to us via either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or 3 days after the date of positing of any letter.

23.3 If you do submit material, and unless you indicate otherwise, you grant us and our affiliates a non-exclusive, royalty free, not necessary limited in time pursuant to local law where applicable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media where we operate. You grant us and our affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.

23.4 You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from any content you supply. You acknowledge and agree that we have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content shared by you or any third party through the Site.

23.5 Any further queries to this Terms and Conditions should be directed to:

BERTH HONG KONG, LIMITED
Flat A, 3/F, Po Wing Building

No.114, Percival Street

Causeway Bay
Hong Kong
E-mail: enquiry: boney@berth.hk
© BERTH GROUP LIMITED
Registered in Hong Kong (CR No. 2453717)
Last Updated – 31 October 2018