terms & conditions
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our mobile application, MSLN Co (the "Application") and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them, before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Application immediately. If you continue to use the Application or if you order products, we will take this as your acceptance of these Terms and Conditions.
1. Comprehending the Terms and Conditions
When we refer to "we", "us" or "our", we mean The Collective C Limited. Where we refer to "you" or "your" we mean you, the person using the Services.
These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partner Brands relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Application regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2. About the Company
We are The Collective C Limited. and we operate the Application. We are a company registered in Hong Kong and our registered office is at Suite C, 2/F, On Lok Mansion, 39-42 Hollywood Road, Central, HONG KONG. Our registered company number is 2298010.
We provide the Services to you through the Application. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Application, you are purchasing them from the third party retailers ("Partner Brand(s)") named on the Application. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner Brands. We are authorized by the relevant Partner Brands to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partner Brands and the contract between you and the Partner Brands in relation to your purchase of the products are set out in sections 5, 6 and 7 below.
The Services we offer allow you to search through the Application and purchase products from a number of Partner Brands. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. However, as stated above, the contract for the purchase of the products is between you and the Partner Brands. This means that it is the Partner Brands (not us) who is legally responsible for selling the products to you.
In order to use the Services you must be over 18 years of age.
4. Company Liability
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any other liability which cannot be limited by law.
We attempt to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided to us by the Partner Brands, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Application are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your mobile device's display of the colors accurately reflects the color of the products.
We do not allow Partner Brands to offer flawed products or products of lower quality than the corresponding market standards for sale on the Application. If products you have ordered are not as described, flawed or of a lower quality than the corresponding market standards, you can return them to us and we will liaise with the Partner Brands on your behalf and you will receive a full refund of the price of the defective product, any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to return products to us.
The products sold by the Partner Brands are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partner Brands have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. Partner Brands
As explained above, the contract for the purchase of the products is between you and the relevant Partner Brand. We are authorized by the relevant Partner Brand to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products from us.
We request that all Partner Brands using the Application have and maintain reasonable business policies which comply with our business policies. We cannot, however, be responsible for the Partner Brands' business policies. If you are unhappy with the product or service you have received from a Partner Brand, you should contact us and we will liaise with the relevant Partner Brand on your behalf to try and resolve the issue.
7. Pricing, Orders, and Payment
By completing the check-out process and placing an order, you are offering to purchase the products from the relevant Partner Brands (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner Brand. All orders are subject to availability and confirmation of the order price.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section “c.” below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Application allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
a. Contract with Partner Brand(s)
The identity of the Partner Brand is shown on the product page of the relevant products, in your basket when the products are added and on the order confirmation page when you place an order.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner Brand. The contract between you and the Partner Brand in relation to the products will not be formed until we have checked that the Partner Brand accepts your order. If the Partner Brand accepts your order, we will send you an email confirming this. The confirmation email sent by us on behalf of the Partner Brand concludes the contract with you. The confirmation email will include a description of the products included in the order and certain other information about your rights to cancel the contract between you and the Partner Brand (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the confirmation email are included in the contract between you and the Partner Brand.
b. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Application are accurate, as this information is provided to us by the Partner Brands, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner Brand, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed on the Application before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner Brand outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner Brands have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information before placing your order.
Please note that in the event you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
Please see the "What payment methods does the website accept?" section of our FAQs for details of what payment methods can be used. When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Partner Brands. Products will not be packaged until this pre-authorization check has been completed. For information on when your payment will be debited from your account please see the "When will I be charged?" section in our FAQs.
Once we have verified your payment details and the Partner Brand has accepted and approved your order for delivery, we will notify you to inform you of this through the Application. In the unlikely event that we or the Partner Brands encounter a problem when processing your order, we will email you explaining the problem and possibly requesting further information to try and resolve the problem.
We reserve the right not to submit your order to the Partner Brands, and the Partner Brands reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation. We will try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The products may be delivered in multiple deliveries.
If no one is available at your address to take delivery, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
There are restrictions on some products for certain international destinations, so please review the information on each product page carefully before ordering products.
If you order products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please see section 7 b. for more information on these duties and taxes.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such laws.
9. Return Policy
Depending on where you live, if you are a consumer you have a legal right to cancel your order. This means that, during a certain period, if you change your mind or for any other reason you decide you do not want to keep the products, you can notify us of your decision to cancel and receive a refund from the relevant Partner Boutiques. Please see the "Returns and Refunds on MSLN Co" section of the FAQs for details of when and how you can cancel your order.
10. ApplicationThis section sets out the rules that apply to your use of the Application (whether or not you use it to order products or just to browse). By using the Application, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Application and you should leave it immediately.
a. Access to the Application
The Application is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Application. You are also responsible for ensuring that all persons who access the Application through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Application is permitted on a temporary basis and it does not include any commercial use of the Application or its contents. You must not reproduce, copy and/or exploit the Application for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Application without notice and, from time to time, we may restrict access to all or parts of the Application. We will not be liable to you if, for any reason, the Application is unavailable at any time or for any period.
When you visit the Application and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partner Brands) satisfy any legal requirement that same communications be in writing.
b. User Conduct
You must not use the Application in any way that causes, or is likely to cause, the Application or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Application for lawful purposes only.
You must not use the Application for any of the following:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We are happy for you to link to the Application but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Application, you must do so without delay.
Where the Application contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
d. Company Liability to the Application
We may update or change the Application or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Application may be out-of-date at any given time. The content on the Application is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Application, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Application, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Application; or (ii) use of or reliance on any content displayed on the Application.
Please note that we only provide the Application for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any content on it, or on any website linked to it.
We do not in any way exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partner Brands' supply of the products to you.
12. IP, Software and Content
We are the owner or the licensee of all intellectual property rights in the Application and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Application and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Application or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Application. You must not create and/or publish your own database that features substantial parts of the Application (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Application are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Application are owned by the respective trademark owners.
13. Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that all Partner Brands and other suppliers are operating ethically. We expect all Partner Brands and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partner Brands and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
We will never knowingly allow a Partner Brand to offer its products on the Application if such products are sourced from countries which are in breach of these principles. We also look to the Partner Brands and other suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partner Brands and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
14. Additional Information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Governing law and jurisdiction - These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Partner Brands will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partner Brands' reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partner Brands' obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partner Brands' obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints - Please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to reach us.
This Terms and Conditions was last updated in January 2016. We will place any updates to our Terms and Conditions on this page. Please check back regularly to keep informed of updates to this Terms and Conditions.