Terms & Conditions
Welcome to 2202 Heshan | Operated by Nihal Apparel International
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. The 2202heshan.com website is operated by: Nihal Apparel International.
Our contact details are as follows:
32/11 Hazlett way Canning Vale,
WA 6155
Pickup Available
Mon-Fri 9am – 5pm by appointment only
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with
us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should
check this Website from time to time to review the then current terms and conditions, because
they are binding on you. Certain provisions of these terms and conditions may be superseded
by expressly designated legal notices or terms located on particular pages of this Website. If
you do not wish to accept any new terms and conditions after we have given notice, you should
not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As
part of our checkout process you will be given the opportunity to check your order and to correct
any errors. We will send you an order acknowledgement, detailing the products you have
ordered.
2.2 Our acceptance of an order takes place when we change the order status to pending. We
will send you a despatch confirmation by email. When we despatch the order the purchase
contract will be made even if your payment has been processed immediately, unless we have
notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
where goods are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error; or
if you do not meet any eligibility criteria set out in our terms and conditions.
3. PRICING
3.1 Where we charge separately for packing, carriage and insurance and other relevant
charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on
this Website.
3.2 Our prices are reviewed periodically.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
you can notify us by email before we have dispatched the goods to you;
or
where goods have already been dispatched to you, by returning goods to us in accordance
with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of
receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange
credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following
circumstances: –
in the event that the product has been used.
to any products that we have made or customised specifically for you
The provisions of this clause 4.4 do not affect your statutory rights.
Please check our shipping/return site for more information shipping & Return.
5. LICENCE
5.1 You are permitted to print and download extracts from this Website for your own use on the
following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text;
and
any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on
this Website (including without limitation photographs and graphical images) are owned by us or
our licensors. For the purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you
breach any of the terms in these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any downloaded or printed extracts
from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other
website or included in any public or private electronic retrieval system or service without our
prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will
not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy,
any material you transmit or post to this Website will be considered non-confidential and nonproprietary. We will have no obligations with respect to such material. We and our nominees will
be free to copy, disclose, distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or
inconvenience;
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party,
in the UK or any other country in the world;
or
which is technically harmful (including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious software or
harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or locate anyone posting any material in breach of clauses
7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed all of these third party websites
and do not control and are not responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any material found there,
or any results that may be obtained from using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but
do not replicate, the home page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that we are endorsing any products or services other than our
own;
you do not misrepresent your relationship with us nor present any other false information
about us;
you do not otherwise use any trade marks displayed on this Website without our express
written permission;
you do not link from a website that is not owned by you;
and
your website does not contain content that is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights of any other person or otherwise does not comply
with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of
these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may
suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name
and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or
suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if
you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is correct, we do not
warrant the accuracy and completeness of the material on this Website. We may make changes
to the material on this Website, or to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and we make no commitment to update
such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with
this Website on the basis that we exclude all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness
for purpose and the use of reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or
delivering this Website), and any of our group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility for any amount or
kind of loss or damage that may result to you or a third party (including without limitation, any
direct, indirect, punitive or consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites linked to this Website or the
material on such websites, including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on account of your access to,
use of, or browsing this Website or your downloading of any material from this Website or any
websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
death or personal injury caused by negligence;
fraud;
misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or
limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction
of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees
and agents, harmless from and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use
of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with the
laws of Australia. Disputes arising in connection with these terms and conditions shall be subject
to the exclusive jurisdiction of the courts of Australia.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available
for use outside Australia. It is prohibited to access the Website from territories where its
contents are illegal or unlawful. If you access this Website from locations outside Australia, you
do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms
and conditions
13.2 If any provision of these terms and conditions is found by any court of competent
jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining
provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the
Contracts