Terms and Conditions
Sulwhasoo Terms of Use
Welcome to the Sulwhasoo website ("the Website" or “this Website”).
The Sulwhasoo website provides content and services on the following terms of use. These terms govern the agreement between AMOREPACIFIC Hong Kong Limited and its affiliates ("the Company" or "our Company") and users ("users," "you," or "your") of the Website. The Company's Privacy Policy, which is provided on this Website, outlines the policies regarding data collection through the Website and forms part of these terms of use. By accessing or using the Website, you signify that you have read, understood, and agreed to be bound by these terms of use. In the event of any discrepancy between the English and Chinese versions of these terms, the English version shall prevail.
1. Provision of Services
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The Website provides the following services:
- Provision of information about products and services and order confirmation;
- Provision of product delivery services for orders;
- Other services specified on the Website.
- Due to market fluctuations and other factors beyond our reasonable control, the Company cannot guarantee the constant availability of products ordered through the Website. In the event of product unavailability, both you and the Company have the right to cancel the order in accordance with these terms of use, or both parties can resolve it in a mutually agreed manner.
2. Products and Services for Personal Use Only
All products and services provided on this Website, including any samples provided, are for personal use only. You shall not sell or resell any products, services, or samples purchased from or obtained through the Company. If the Company determines that your order may violate the Company's terms of use, the Company reserves the right to cancel or modify the order placed through this Website, with or without notice.
3. Accuracy of Information
The Company strives to ensure the accuracy of the information provided on this Website, including product descriptions and prices. However, to the extent permitted by applicable law, the Company does not guarantee the accuracy, completeness, reliability, validity, or absence of errors in the product descriptions or any other content on this Website. The Website may contain errors, inaccuracies, omissions, or outdated information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to update information without prior notice. In the event of a pricing error, the Company will take the following actions:
- If the price of a product or service is mistakenly indicated higher than the actual price, the Company will sell the product or service to you at the lower price.
- If the price of a product or service is mistakenly indicated lower than the actual price , the Company may, depending on the actual circumstances, seek your consensus or cancel the order, and notify you prior to the delivery of product or service.
4. Order Confirmation
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The Website may reject a user's order for product/service for one or more of the following reasons:
- The order contains false, omitted, or incorrect information.
- The order cannot be confirmed due to technical reasons or other reasons beyond the control of the Website.
- The information displayed on the Website (e.g., product name, price, and product description) constitutes an invitation to purchase. Placing an order through the Website constitutes a purchase offer. A contract is only formed when the Website sends a notification confirming that the product has been shipped or when the Website has sent the product to a specified address. If you order multiple products within the same order and the Website only issues a delivery confirmation for a portion of the order, the contract for the other products will only be formed when the delivery confirmation for those other products is issued or when the Website has sent those other products to a specified address.
- You agree that the Website has the right to cancel or modify the information or limit the quantity of products if there are any inaccuracies in the information provided on the Website or if a product is out of stock. It is your responsibility to ensure the accuracy of the order information, including the ordered products and delivery address, when placing an order.
- Delivery fees shall be calculated and charged according to the Website's delivery policy and the user's chosen delivery method. The Website reserves the right to revise the price and delivery fee information without prior notice.
5. Payment Methods
The Website strives to provide different payment platforms to meet the needs of all users, including payment by credit card or redemption through promotional codes or points.
6. Delivery
- The Website does not guarantee delivery on a specific date for products, but will arrange packaging and shipping within 14 days from the order date. The Website will take all appropriate measures to notify you of the supply and delivery status of the products. In the event of specific product unavailability, the Website will notify you through the communication methods mentioned in these terms, and the delivery-related matters shall be agreed upon by the parties involved.
- The Website will specify the delivery method, delivery fees to be paid by you, and the estimated delivery time for all products ordered by you. If the product cannot be shipped within the agreed delivery period, the Website will contact you to discuss further arrangements.
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In special circumstances, the delivery date may be changed after notifying you.
For detailed delivery arrangements, please refer to our Delivery Policy https://hk.sulwhasoo.com/shipping-info
7. Order Cancellation
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You may cancel an order under the following circumstances:
- After consultation with the Company;
- The product you ordered is out of stock; and/or
- The displayed price on the Website is incorrect, and you have notified the Website before the product is shipped.
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The Website may cancel your order under the following circumstances:
- After consultation with you and the Company;
- The product description is significantly inaccurate or the product is out of stock; and/or
- There are errors in your order information, or the quantity or amount ordered exceeds the product's available stock.
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The Website may also cancel your order under the following circumstances:
- Due to force majeure, system failure, third-party intrusion, or any other circumstances beyond the control of the Company, which the Website deems necessary to cancel the order;
- The Company, at its sole discretion, believes that your purchasing behavior violates the principles of fairness or good faith (e.g., multiple instances of refusing ordered products without reasonable cause by the same user); and/or
- Any other circumstances in which user orders may be canceled, as announced or updated from time to time in the published terms and conditions on the Website.
8. Arrangements after Order Cancellation as per Section 7
- In the event that any product you ordered is out of stock, the Website will immediately notify you. If you have already made a payment, all necessary procedures for refunding or reimbursement of the amount will be completed within 30 working days from the agreement date or receipt of the relevant funds. In exceptional cases, the refund period may be extended.
- Upon receiving the returned goods from you, the Website will refund the remaining amount to you within 30 working days, after deducting any applicable fees, as per these terms. In exceptional cases, the refund period may be extended.
- If you made the payment using a credit card, the Website will request assistance from the credit card service provider to facilitate a timely refund.
- Except as provided in these terms or required by law, if you refuse to accept the product or request a return, you will be responsible for the associated delivery fees and bank charges. All refunds will be processed upon confirmation of the return.
- If you request a return or exchange, you must also return all accompanying gifts or promotional items. If such items have been used, the Website reserves the right to deduct relevant fees from the refund amount.
9. Intellectual Property
Unless otherwise specified, all information and content contained on this Website, including but not limited to its 'look and feel,' text, images, graphics, logos, button icons, images, audio clips, data compilations, and software, as well as their compilation and arrangement (collectively referred to as 'Content'), and all intellectual property rights therein (including but not limited to copyrights, trademarks, designs, and goodwill) ('Intellectual Property Rights'), are the property of AMOREPACIFIC Hong Kong Co., Limited, its affiliates, partners, or licensors, and are protected by the laws of Hong Kong and applicable laws, regulations, conventions, and treaties worldwide (including laws governing copyrights and trademarks). Any commercial use of the Content, including copying, modifying, distributing, and/or transmitting any part thereof, is strictly prohibited without the prior authorization of AMOREPACIFIC Hong Kong Co., Limited.
10. Limited License
We grant you a limited, revocable, and non-exclusive license to access and use this Website and its Content for personal purposes, subject to the following conditions. This limited license does not include the rights to:
- Frame or utilize framing techniques to enclose this Website or any portion thereof;
- Republish, redistribute, transmit, sell, sublicense, or download any portion or all of this Website or its Content (except for caching or necessary viewing purposes);
- Use any portion or all of this Website or its content for any non-personal use;
- Modify, translate, reverse engineer, reproduce, or create any derivative works based on any portion or all of this Website or its Content;
- Collect account information for your benefit or the benefit of others;
- Use any meta tags or any other "hidden text" utilizing any portion or all of this Content; or
- Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain all copyright or other proprietary notices relating to the ownership of the Content as displayed or attached or contained on this Website, without modification.
We also grant you a limited, revocable, personal, non-transferable, and non-exclusive license to create a hyperlink to the homepage of this Website for personal, non-commercial use only. The linked Website:
- May link to (but not replicate) any portion or all of the Content;
- Must not explicitly or implicitly suggest endorsement by us of that website or its services or products;
- Must not misrepresent its relationship with us;
- Must not contain content that could be construed as obscene, pornographic, offensive, controversial, vulgar, indecent, defamatory, hateful, or illegal or unsuitable for any age group;
- Must not describe us or our products or services in a false, misleading, defamatory, or otherwise objectionable manner, or associate us with poor-quality products, services, or opinions; and
- Must not link to any webpage of this Website other than the homepage.
We may, in our sole and absolute discretion, request you to remove any link to this Website, and upon receiving such request, you must immediately remove the link and cease any linking activities unless and until you receive written permission from Sulwhasoo to reinstate the link. Your unauthorized use of any portion or all of this Website or its content, or any violation of these usage terms, automatically terminates the limited license granted in this section 10, without prejudice to any other remedies available under applicable law or these terms, and you must immediately cease all use of any portion or all of the content.
11. Your Obligations and Responsibilities
By accessing or using this Website or any of its Content, you agree to comply with these usage terms and any warnings or instructions provided on this Website. You agree to act in good faith and in accordance with applicable laws and customs when accessing or using this Website or any of its Content. You must not make any alterations or modifications to this Website or any of its content or the services displayed on this Website, nor shall you in any way compromise the integrity or operation of this Website. Without prejudice to the generality of any other provision of these usage terms, if you negligently or intentionally breach the obligations stated in these usage terms, you shall be liable for any losses and damages suffered by AMOREPACIFIC Hong Kong Co., Limited, its partners, affiliates, subsidiaries, joint ventures, or licensors as a result thereof.
12. Your Account
You may choose to register as a member on this Website. You agree to assume personal responsibility for all communications and activities conducted using your account, username, and/or password. If you access and use this Website on behalf of someone else, it signifies that you have the authority to bind that person to all the usage terms stated in this document. To the extent that you do not have such authority, you agree to comply with these usage terms and be bound by them regarding the access or use of this Website, and you shall be liable for any damages, losses, or harm caused by any improper use of this Website or its Content resulting from such access or use. You may cancel your account at any time.
13. Membership Registration
- If you wish to register as a member, you should confirm your agreement to these usage terms and provide true, accurate, complete, and valid membership information on the designated form available on this Website.
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Membership registration will not be confirmed under the following circumstances:
- You violate any of the usage terms.
- You provide false, incomplete, or inaccurate information during registration.
- You register using another person's name.
- You apply for registration with the intention to disrupt social order or public interest.
- You fail to meet other requirements set by Sulwhasoo.
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The Company reserves the right to withhold confirmation of registration until the following conditions are resolved:
- The service equipment is overloaded.
- Technical issues occur.
- The Company reasonably believes that it is not optimal to confirm the registration temporarily due to other circumstances.
- A registration confirmation will be issued upon completion of the membership registration.
- All information provided on the designated membership application form is considered to be true. If you do not provide your real name or genuine information, you will not be protected by the law, and your access to certain services may be restricted.
- If there are any changes to the provided information during registration, you should promptly notify the Company via email or any other method, or update your membership information on this Website. The Company will not be responsible for any losses incurred due to the member's failure to timely inform the Company of such changes.
- Registered members can accumulate points under the reward program when making purchases at Sulwhasoo's retail stores or online. The rules of the reward program, including any changes, the use of accumulated points, and redemption of rewards, will be announced separately on this Website or at retail stores.
14. Termination and Loss of Membership Qualification
- Registered members may apply to cancel their membership through this Website, and the Company will process it immediately.
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The Company reserves the right to, at any time without prior notice, temporarily or permanently refuse to provide services to registered members, suspend or cancel their membership or take such actions that the Company, at its sole and absolute discretion, deems to be in line with its business interests if the registered member is involved in any of the following behaviors:
- Providing false information during the application for registration.
- Failing to make timely payment when making purchases through this Website.
- Engaging in activities that hinder others from using the services of this Website or engaging in acts such as data theft that disrupt the normal operation of this Website.
- Intentionally obstructing the provision of services or operation of this Website, or interfering with the normal order of online transactions.
- Disseminating computer viruses that cause the communication system of this Website to malfunction or be damaged.
- Violating any of the usage terms or other rules stated in this document.
- Engaging in abnormal use of this Website, resulting in the failure or malfunction of electronic communications.
- Improperly using another member's information and password.
- Copying, reproducing, or using the content of this Website without authorization for commercial purposes related to providing services.
- Using this Website in a manner that violates the usage terms stated in this document or goes against public order and/or moral behavior.
15. Responsibility for Protecting Member Accounts and Passwords
- All users are responsible for managing their accounts, passwords, and keeping their account information up to date.
- Members should not disclose their passwords to any third party.
- If a member discovers that their account or password has been leaked or used by any third party, the member should immediately notify the customer service department and follow their instructions for handling the matter.
- Under no circumstances will this Website be held responsible for any losses incurred by members due to their violation of the aforementioned points (1), (2), and/or (3).
16. Third-Party Hyperlinks
The Company shall not be held responsible for the content of any external webpages linked to or from this Website. The hyperlinks within this Website are provided for convenience purposes only and do not imply endorsement by the Company, its affiliates, and/or its partners of the linked websites, their content, products, services, or suppliers. You assume the risk of connecting to or browsing any external webpages or other websites. The Company will not be liable, directly or indirectly, for any damages, losses, or offenses caused or alleged to be caused by or in connection with the use or reliance on any content, products, or services provided by such linked webpages or websites, including but not limited to their privacy policies and terms. You should carefully review the terms and privacy policies of all external webpages and websites that you visit or access through this website.
17. Special Promotions, Features, and Activities
This Website may offer special promotions or activities that are subject to additional or separate terms, rules, and/or policies that supplement or replace these usage terms. If you choose to participate in such promotions, you agree to be bound by the additional or separate terms, rules, and/or policies governing those promotions.
18. User Content
If you transmit, upload, post, email, share, distribute, copy, or otherwise provide any suggestions, ideas, inquiries, responses, data, text, software, music, sound, images, graphics, videos, messages, or other materials ("User Content") on this Website, you are solely and personally responsible for such User Content. By providing User Content, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, reproduce, sublicense, re-sublicense, adapt, distribute, display, publicly perform, copy, transmit, modify, edit, and otherwise exploit the User Content in any manner, through any media known or hereafter developed, for any purpose, including but not limited to the development, production, distribution, and marketing of products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to transmit, upload, post, email, share, distribute, copy, or otherwise provide any User Content that is
(a)
unlawful, harmful, threatening, abusive, vulgar, harassing, infringing, defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, or objectionable based on race, ethnicity, or other factors; (b)
provided in violation of any law or in a contractual or fiduciary relationship; (c)
known by you to be false, fraudulent, misleading, or deceptive; (d)
paid for or remunerated by any third party; or (e)
infringing upon any party's patents, trademarks, trade secrets, copyrights, or other proprietary rights or assisting or encouraging such infringement.
The Company has no responsibility to review or evaluate User Content, and the Company will not be liable or legally responsible for any User Content. The Company does not endorse or control the transmission or posting of User Content on this Website, and therefore, the Company does not guarantee the accuracy, completeness, or quality of User Content. You understand that by using this Website, you may be exposed to User Content that you find offensive, indecent, or objectionable. In no event shall the Company be liable in any way for any User Content, including but not limited to any errors or omissions in any User Content or any losses or damages incurred by you as a result of using, transmitting, uploading, posting, or otherwise providing any User Content through this Website. You hereby waive any claims against the Company for any alleged or actual infringement of any ownership, privacy, publicity, moral, or attribution rights related to User Content.
You acknowledge that the Company has the right (but not the obligation) to refuse to publish or remove any User Content in its sole and absolute discretion, and the Company reserves the right to change, modify, or delete any User Content in its sole and absolute discretion. Without limiting the foregoing or any other provision of these usage terms, the Company has the right, in its sole and absolute discretion, to remove any User Content that violates these usage terms or is otherwise objectionable, and the Company reserves the right to temporarily or permanently refuse service and/or terminate accounts without prior notice to any user who violates these usage terms or infringes upon the rights of others.
19. Disclaimer
Sulwhasoo provides this Website, content, products, and services on an "as is" basis, and to the fullest extent permitted by law, makes no express or implied representations or warranties regarding the operation of this Website or the content or products included on this Website or provided as part of the services. Additionally, Sulwhasoo does not represent or warrant that the information accessed through this Website is accurate, complete, or current. Prices and inventory information are subject to change without notice. Sulwhasoo will not be liable for any nature of loss, damage, or harm arising from or related to the use of this Website to the fullest extent permitted by law. This applies to all types of damages, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of data, income or profits, loss of property, or damages or claims by third parties.
20. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents ("Indemnified Parties") from and against any and all liabilities, claims, expenses, losses, damages, costs, and demands, including reasonable attorney's fees, arising from or related to your use of this Website or any content (including user content), your purchase of any products or services from the Company through this Website or in any other circumstances, or any third-party claims, legal actions, or payment requests arising from your breach of these terms of use (including any others accessing this Website using your account), You also agree to indemnify the Indemnified Parties for any losses, damages, or costs (including reasonable attorney's fees) arising from your use of software robots, spiders, crawlers, or similar data collection and extraction tools or any other actions that impose an unreasonable burden or load on the Company's infrastructure.
21. General
You acknowledge and agree that these terms of use constitute the entire and exclusive agreement between the Company and you regarding the use of this Website, and supersede and govern all prior proposals, agreements, or other communications. The Company reserves the right, in its sole and absolute discretion, to modify these terms of use at any time by posting changes on this Website and providing notice of such changes.
Any changes will be effective immediately upon posting on this Website and providing notice of such changes. Your continued use of this Website after such changes constitutes your agreement to all the modified terms of use. The Company may, at its sole and absolute discretion, terminate/revoke the rights granted under these terms of use with or without prior notice. You shall promptly comply with any termination or other notices, including, if applicable, ceasing the use of this Website and canceling your account.
The provisions of these terms of use shall not be construed as establishing any agency, partnership, or joint venture between the Company and you. The Company's failure to enforce any provision of this agreement shall not be deemed a waiver of its right to enforce such provision at any subsequent time, and any waiver of any breach of this agreement by the Company shall not be construed as or constitute a waiver of the provision itself. If any provision of these terms of use becomes or is determined by a competent authority to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms of use unenforceable or invalid as a whole, but that provision shall be severed to the extent necessary to achieve the maximum permissible effect, as permitted by law. The headings of the terms of use are for convenience of reference only and shall not affect their interpretation.
22. Law and Jurisdiction
These terms of use are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong SAR"), and you agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR.