WEBSITE GENERAL TERMS OF USE

Viva Jilian's website (our "Site") and related services are made available to you pursuant to the following Terms of Use and Service and any other rules posted on our Site (collectively, the "TOS"). By visiting VivaJilian.com, you are accepting and consenting to the practices described in the TOS.

We may modify the TOS from time to time, and your continued use of this Site following such change shall signify your agreement to be bound by the modified TOS.

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about Viva Jilian's Privacy Policy before you register to use this Site or any of this Site's services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customerservice@vivajilian.com. You may also want to view our Privacy Policy.

NO UNAUTHORISED COPYING OR DISTRIBUTION

Intellectual Properties Rights

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Viva Jilian Software and all HTML and other code contained in this Site, shall remain at all times vested in Viva Jilian and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Viva Jilian and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Viva Jilian tries to ensure that the information on this site is accurate and complete. Viva Jilian does not warrant or represent that Jilian's Content is accurate, error-free or reliable or that your use of Viva Jilian's Content will not infringe rights of third parties. Your use of this Web Site is at your risk. Viva Jilian does not warrant that the functional aspects of this Web Site or Viva Jilian's Content will be error free or that this Web Site, Viva Jilian Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Viva Jilian's Content results in the need for servicing or replacing property, material, equipment or data, Viva Jilian is not responsible for those costs. Without limiting the foregoing, everything on this Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Viva Jilian and its suppliers make no warranties about Viva Jilian's Content, software text, downloads, graphics, and links, or about results to be obtained from using this Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Viva Jilian reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Viva Jilian is not liable to you or any third party for any such withdrawal.

No Commercial Use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your Activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Links to Third-Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Viva Jilian, including advertisers. Viva Jilian has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL

Limitation of Liability

While Viva Jilian will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under Hong Kong SAR law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

Indemnification

At our request, you agree fully to defend, indemnify and hold harmless Viva Jilian immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Viva Jilian as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Viva Jilian, and we shall not be liable for any representation, act, or omission on your part.

ENTIRE AGREEMENT

The TOS (as amended from time to time) constitutes the entire agreement between you and Viva Jilian regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Viva Jilian in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law

The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of Hong Kong SAR and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong SAR.

YOUR ORDER

Place Your Order

Making a purchase is easy. Just follow these simple steps:

• Shop by browsing through our Category or searching our brand list.
• Click on the image to access the individual item's product page where you will be given information on sizing, color options, and quantities remaining in stock.
• Add merchandise to your shopping bag by clicking on the 'Add to bag' button near the desired item.
• Review the items you have chosen in your shopping bag. To delete an item from your shopping bag, click on the 'Remove' button next to the item. To change the number of items, key in the new quantity and click on 'update'.
• Resume shopping after viewing your shopping bag, click the 'Continue' button. Please be aware that when the item is in your shopping bag another customer can still purchase it.
• Proceed to 'Checkout' to finalize your purchases and follow the instructions.

ELIGIBILITY TO PURCHASE

The purchase of merchandise through VivaJilian.com is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with Hong Kong SAR law.

In order to make purchases through this Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Viva Jilian terms of eligibility, who have been issued a valid credit card by a bank acceptable to Viva Jilian, whose applications are acceptable to Viva Jilian and who have authorised Viva Jilian to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase (see Credit Card Use). Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Viva Jilian reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Viva Jilian feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Orders

All orders are subject to acceptance and availability.

Prices shown on the site are in USD.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.

Unless you cancel your order in accordance with our Cancellation policy below, acceptance of your order and completion of the contract between you and Viva Jilian will be perfected when we despatch the goods to you.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet the eligibility criteria set-out above.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, MasterCard, American Express and Discover. Payment will be debited and cleared from your account upon receipt of your order by Viva Jilian. You confirm that the credit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

If the issuer of your payment card refuses to authorise payment to Viva Jilian, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment. At Viva Jilian we do not hold your credit card details on the website or our customer database.

To help ensure that your shopping experience is safe, simple and secure Viva Jilian uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out information about the SSL digital certificate registration.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

TRACKING YOUR ORDER

You can check the current status of your shipment on the delivery company's website. Simply type in your unique tracking number which we e-mailed to you, and we will track your shipment for you. The details will be included in your Order Confirmation email.

Viva Jilian will store a record of your transactions for a minimum of one year. Please note that for your security only a record of your transaction is kept on the Viva Jilian web site, your credit card details are not held on the Website.

RETURNS AND EXCHANGES

We accept returns of unworn and unwashed merchandise due to size reason or defective merchandise for an exchange (or store credit if the specified item is out of stock). Simply inform us at returns@vivajilian.com and return the item within 7 days, along with the original receipt (enclosed with your order) and original brand tag (if available) and we will gladly exchange the item for the right size or selection. Shipping and handling fee is non-refundable. A USD$20 restocking fee is levied on returned items.

Returned merchandise should include the packaging and be in the same condition as when it was received. Please note that Sale Items are non-returnable and non-exchangeable.

PRICE ADJUSTMENTS

We work hard to ensure the accuracy of pricing, but despite our best efforts, pricing errors may occu

• If an item's correct price is lower than our stated price, we will charge you the lower amount when your order is shipped.
• If an item's correct price is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days we will cancel your order and notify you of such cancellation.

ORDER CANCELLATION

You may cancel any Viva Jilian order within 12 hours after the order is made.

Please inform us by email at customerservice@vivajilian.com.

YOUR ONLINE ACCOUNT

Once you register, you will not have to re-enter your credit card and shipping information, and you may also view your web order status. Register or sign in here.

CREDIT CARD USE

We accept the following credit cards for online purchases:

VISA

MasterCard

American Express

Discover

Credit Cards: The total dollar amount of your order is allocated at the time your card is approved, although payment (transfer of funds) does not occur until the order ships. If the amount charged exceeds your credit limit, your order will be automatically cancelled.

© 2002-2008 Viva Jilian. All Rights Reserved.
Material published on this Site is copyrighted by Viva Jilian or its licensors. All rights reserved. Web Site © 2002-2008 Viva Jilian. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.

Viva Jilian reserves the right to make changes to this policy, notably in line with any revised legislation. Please check back from time to time to ensure you are aware of any changes in our privacy policy practices. Your continued use of our site will signify your acceptance of these changes.