Terms of service

OVERVIEW

This website is operated by CUSTODIA LIMITED. Throughout the site, the terms “we”, “us” and “our” refer to CUSTODIA LIMITED. CUSTODIA LIMITED operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the products and services available in our store. However, we cannot guarantee that your device’s display of any colour, texture, or detail will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities of any products or services that we offer.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. CUSTODIA LIMITED reserves the right to accept or decline your order at our sole discretion. Your order is not accepted until we confirm acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may not be able to accommodate cancellation requests after an order has been accepted.

In the event that we do not accept, change, or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time of the order.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for personal use only and not for resale or export unless otherwise agreed by us in writing.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import fees, or similar charges.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. the payment information you provide is true, correct and complete;

  2. you are duly authorised to use the selected payment method; and

  3. charges incurred by you will be honoured by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery dates are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs clearance, force majeure events, or other circumstances beyond our reasonable control.

Unless otherwise required by applicable law, risk of loss and title for products pass to you upon delivery of the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All content included in or made available through the Services, including but not limited to text, graphics, logos, images, audio clips, video, product descriptions, and software, is the property of CUSTODIA LIMITED, its licensors, or content suppliers and is protected by applicable intellectual property laws.

You may not reproduce, duplicate, copy, sell, resell, distribute, modify, or exploit any portion of the Services without our express prior written permission.

All rights not expressly granted are reserved by CUSTODIA LIMITED.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is hosted by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with CUSTODIA LIMITED, not with Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CUSTODIA LIMITED, including any injury, damage, or loss resulting from products or services purchased through our store.

SECTION 10 - PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy.

Because our store is hosted by Shopify, Shopify may process your personal information in order to provide and improve the Services. By using the Services, you acknowledge that you have read and understood our Privacy Policy and Shopify’s applicable privacy disclosures.

SECTION 11 - FEEDBACK

If you submit comments, suggestions, reviews, ideas, proposals, or other materials (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any Feedback that you forward to us.

We are under no obligation:

  1. to maintain any Feedback in confidence;

  2. to pay compensation for any Feedback; or

  3. to respond to any Feedback.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:

  • for any unlawful purpose;

  • to solicit others to perform unlawful acts;

  • to violate any international, regional, or local laws or regulations;

  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;

  • to submit false or misleading information;

  • to upload or transmit viruses or any other type of malicious code; or

  • to interfere with or circumvent the security features of the Services or related websites.

We reserve the right to terminate your use of the Services for violating any prohibited uses.

SECTION 14 - TERMINATION

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Any obligations and liabilities incurred prior to termination shall survive the termination of this agreement for all purposes.

SECTION 15 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by law, the Services and all products delivered to you through the Services are provided “as is” and “as available” without any representation, warranties, or conditions of any kind, either express or implied.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, CUSTODIA LIMITED, its directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products purchased through the Services.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted under applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CUSTODIA LIMITED and its affiliates, officers, directors, agents, contractors, licensors, service providers and employees from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

SECTION 20 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or subcontract our rights and obligations under these Terms at any time, provided that this does not reduce your rights under applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong (SAR).

Any disputes arising out of or in connection with these Terms or the use of our Services shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong (SAR), unless otherwise required by applicable consumer protection law.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to the website or the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

CUSTODIA LIMITED
Email: custodia1133@proton.me
Address:
UNIT 2904-05, 29/F UNIVERSAL TRADE CTR
3 ARBUTHNOT RD, CENTRAL
HONG KONG