Terms of service
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred to in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://theselectshop.online.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) 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 Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean The Select Shop INC. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. 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 Partners 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 Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) Our Services
The Services we offer allow you to search through the Website and purchase products from Partners and brands worldwide. As part of the Services, we also provide some ancillary services such as providing you with customer service assistance without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you. Please note that the delivery logistics service is being provided by Partners to you and as such you are entering into a contract for delivery services provided by Partners. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with Partners is concluded once the products have been delivered to you by the courier or have been collected by you from the Partner.
3) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we will be held responsible for any loss or damages 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.
4) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
5) Orders, prices, and payment
By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are complying to purchase the products from the relevant Partner (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
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are consenting 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 Website allows you to check your order and correct any errors before completing a purchase. 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, price, shipping fee, import duties, etc.).
(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown o on the “Additional Information” page when items are added to your cart.
When you place an order, you will receive an 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. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order.
When your payment has been confirmed, and status changed to “Successfully Charged”, this concludes the contract between you and the Partner.
(b) Except where noted otherwise, the List Price displayed for products on our Web site represents the full retail price listed on the product itself, offered by Partners
With respect to items sold by W Concept, we cannot confirm the price of an item until you order; Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
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, 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 have already paid for the products, you will receive a full refund as soon as possible. Delivery costs are not included in the prices and will be charged in addition. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. neither we nor the Partner have any control over these charges, and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included.
For US customers, sales tax will be applied accordingly to your state of residence. Sales tax is calculated and added to your total at the 'check out' page, based on your shipping address.
(c) When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner 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).
6) Delivery
The Partners are to supply delivery services to you, and we will try to ensure that your order is delivered by the estimated delivery date if given, however circumstances may occur where delivery is delayed due to 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 and Partners will not be liable to you for any losses caused as a result of such delays. Shipping fees will be shown on the checkout page.
The Select Shop is not responsible for delays in shipping or delivery due to natural and or uncontrollable events. Additionally, The Select Shop is not responsible for delays related to the courier itself (such as customs clearance). Unfortunately, we do not have control over these delays. The Shipping status may be changed to “Delivered” automatically after 10 days from the release of your tracking number.
PARTIAL SHIPPING
The Select Shop chooses to ship items within your order separately, as they are readied. We will partially ship items from your order that are fully processed and ready to be shipped. This is so you will not have to wait for your entire order to be ready, before receiving any of your items. Please refer to the Estimated Delivery Date (provided for each item in your order).
7) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and should exit immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfies any legal requirements that same communications be in writing.
(b) Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website, 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 must use the Website for lawful purposes only.
You must not use the Website 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, 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. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Linking
We are happy to allow you to link to the Website but you must do so in a way that is fair and legal and will not damage our reputation, or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw this permission at any time and, if instructed to remove a link to the Website, please do so immediately.
Where the Website 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) Our liability in relation to the Website
We may update or change the Website 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 Website may be out-of-date at any given time. The content on the Website 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 expressed or implied, that the Website, 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 Website, or any content on it, whether expressed 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 Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website 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 Website or to your downloading of any content on it, or on any website linked to it.
8) Privacy Policy
We will only use your personal information in accordance to our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
9) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights on the Website 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 Website 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 Website 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 Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
10) Other important 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 will still be entitled to 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.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and supersede any and all earlier agreements between you and us. Events outside of our control - We and the Partners 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's, reasonable control such as embargos, riots, strikes, wars, terrorist attacks, 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.