1. These Terms
1.1 These are the terms and conditions (“Terms”) under which we provide products to you, whether referring to products, services, or digital content. These Terms apply to all users of the Bignana Tree website, which can be accessed at [https://www.bignanatree.com] (the “Website”).
1.2 Please read these Terms carefully before using this Website and/or submitting an order request to us. These Terms (along with any other documents referred to in these Terms, including our Privacy Policy) inform you how we provide products, services, or digital content, how you and we can change or terminate the contract, how issues will be handled, and other important information.
2. About Us and How to Contact Us
2.1 This Website is operated by Bignana Tree Limited (“Bignana Tree,” “we,” “our”). We are registered in Hong Kong under local law.
2.2 If you have any questions or wish to contact us, please reach out via email at bignanatree@gmail.com.
3. Orders
3.1 Order Requests: When you place an order through our Website, it will be sent to us for confirmation. When we accept your order request, we will notify you via email to confirm receipt and thank you for your order. At this point, a contract between you and us will be formed.
3.2 If we are unable to accept your order request, we will notify you and will not charge you for any products. This may be due to product unavailability or supplier issues.
3.3 Individual Customers Only: You represent and warrant that the orders placed on this Website are for personal use only and not for resale or rental. If we offer products to you at a discount below the normal selling price, you acknowledge that such discounts are provided based solely on your representation. If you violate these commitments, it may result in losses for us, including but not limited to business and profit losses. Therefore, if you resell or rent the products to any third party, we may terminate the contract immediately and require you to pay damages equivalent to the difference between the price you paid for the products and our current listed price.
4. Products
4.1 Images for Reference Only: The product images on the Website are for illustrative purposes only. While we have made every effort to accurately display colors, we cannot guarantee that the colors displayed on different devices will reflect the actual product colors. The products delivered may differ from the images on the Website.
4.2 Ensure Accurate Measurements: Some products may be custom-made and require you to select specific sizes. If we produce or pre-order products based on the measurements you provide, you are responsible for ensuring that these measurements are correct.
4.3 Handmade Characteristics: Some of our products and services are handmade or made from natural materials. Due to the handmade process and weather conditions, the dye patterns and colors of each piece may vary, which is normal and non-reproducible. Please consider this characteristic carefully before placing your order.
4.4 Minor Changes: We reserve the right to make minor changes to our products to reflect changes in relevant laws and regulations or to make technical adjustments. We will strive to notify you in advance of such changes.
5. Delivery and Pickup
5.1 Please select delivery or studio pickup before completing your order.
5.2 Delivery Method: If you choose delivery, please select the appropriate logistics company (e.g., SF Express or JD Express). All orders are generally subject to freight collect, and fees will be charged by the logistics company. If your order qualifies for our free shipping promotion, it will be automatically adjusted. Please note that we currently only offer delivery services to Hong Kong and Macau, and some remote areas may not be eligible for delivery.
5.3 Delivery Time: If we accept your order, we will provide the fastest shipping time. In-stock products will be shipped within 3 days, while pre-ordered products will be shipped within 3 weeks.
5.4 Delay Responsibility: If there are delays in product supply due to uncontrollable events (e.g., weather), we will contact you as soon as possible. We will take measures to minimize the impact of delays. However, we will not be responsible for delays caused by such events, but if there is a significant risk of delay, you may contact us to terminate the contract and receive a refund for any products ordered but not received.
5.5 No One at Delivery: If no one is available to receive the package at the delivery address, we (or the logistics company) will follow the standard procedures for undeliverable products. Any additional costs incurred will not be refunded.
5.6 Rescheduling Delivery: If we are unable to contact you for delivery, or if you do not reschedule delivery after an unsuccessful attempt, we may terminate the contract.
5.7 Responsibility for Goods: You will be responsible for the products once they are delivered to the address you specified.
5.8 Rescheduling Delivery: If you wish to reschedule the delivery date, please notify us at least 3 working days in advance.
5.9 Providing Information: You must provide accurate personal and payment information; if you fail to do so or if the information is incorrect, we may terminate the contract.
5.10 Reasons for Suspending Supply: We will notify you in advance if we need to suspend or delay supply.
5.11 Rights to Suspend Supply: If the suspension lasts more than 30 days, you may contact us to terminate the contract and receive a refund.
6. Teaching and Workshop Services
6.1 Images and Outlines for Reference Only: The images of dyeing or teaching services on the Website are for illustrative purposes only. Actual outcomes may vary due to participants' skill levels and environmental factors.
6.2 Handmade Characteristics: Each handmade item may have different dye patterns or colors, please consider this before enrolling.
6.3 Right to Make Minor Changes: We reserve the right to make minor adjustments to teaching services and will strive to notify you in advance.
6.4 Cancellation Policy: If you need to cancel or change a booked teaching or workshop service, please notify us at least 3 days in advance.
6.5 Limitation of Liability: Participants assume all risks associated with attending the courses; we are not responsible for any losses or injuries.
7. Return and Exchange Policy
7.1 No Refunds: All products and services are non-refundable once sold. This ensures we maintain high-quality products and services and manage inventory effectively.
7.2 No Exchanges: Custom or naturally made products are also not eligible for returns or exchanges.
7.3 Special Circumstances: In the following special circumstances, you may contact us to reschedule services:
- Illness: Unable to attend due to sudden illness or medical reasons.
- Severe Weather: Impacted by typhoons, heavy rain, or other weather warnings affecting safety.
- Family Emergencies: Needing to care for a family member in an emergency situation.
- Transportation Issues: Unable to arrive on time due to traffic accidents or unforeseen events.
Please be sure to notify us in advance in these situations so we can make appropriate arrangements.
7.4 Exchange Rights: You have the legal right to exchange most products purchased online.
7.5 Non-Exchangeable Items: Certain items (such as clearance, custom, or hygiene-related products) are not eligible for exchange.
7.6 Exchange Period: You must contact us within 3 days after receiving the product.
8. How to Terminate the Contract
8.1 Notify Us: To terminate the contract, please send an email to bignanatree@gmail.com, including a clear copy of the invoice/receipt and any supporting evidence (if available).
8.2 Return Costs: We will cover return costs if the product has defects or inaccuracies in description.
8.3 Return Collection Fees: If you are responsible for return costs, we will charge a collection fee.
9. We Have the Right to Terminate the Contract
9.1 Breach of Contract: We may terminate the contract if you fail to make payments or provide necessary information.
9.2 Compensation Responsibilities: If we terminate the contract due to your breach, we will refund any pre-paid amounts for products that have not been delivered, but may deduct reasonable compensation for any losses incurred due to your breach.
10. Prices and Payments
10.1 Product Prices: The price of the products is as stated on the order page when you place your order.
10.2 Payment Methods: You must pay in advance before we can deliver the products. We accept PayMe and Faster Payment System (FPS) payments, and we are not responsible for any losses or damages due to false or inaccurate information submitted.
10.3 Invoice Issues: If you believe there is an error on the invoice we provided, please contact us.
11. Our Liability for Loss or Damage
11.1 Limitation of Liability: Subject to the other terms of this contract and applicable laws, our total liability shall not exceed the total price paid for the products and/or services under these Terms.
11.2 Property Loss: If we cause any loss to your property during the provision of services, we will compensate for the loss. However, we are not responsible for repairing any existing faults discovered during service.
11.3 Business Loss: We are not liable for any loss of profit, business, interruption, or opportunity loss if the products are used for commercial purposes.
12. Privacy and Cookies
12.1 How We Use Your Personal Data: We only use your personal data in accordance with our Privacy Policy. Cookies will support this use. For more information, please refer to our Privacy Policy.
12.2 Account Security: You are responsible for maintaining the confidentiality of your account name and password and for restricting access to your computer. You agree to be responsible for all activities conducted under your account or password. If you believe your password may have been compromised, please contact us immediately. You may not transfer your account to any other person or entity.
13. Intellectual Property
13.1 Ownership of Intellectual Property: All intellectual property rights (including but not limited to trademarks, trade names, domain names, design copyrights, and copyrights in computer software and databases) existing on this Website are owned by us or licensed to us for use on the Website.
13.2 No Reproduction of Intellectual Property: You may not upload, post, publish, reproduce, transmit, or distribute any part of this Website or create derivative works without our express permission, as this Website is protected by applicable copyright laws.
14. Other Important Terms
14.1 We May Assign This Agreement: We may assign our rights and obligations under these Terms to a third party in accordance with our Privacy Policy.
14.2 You Need Our Consent to Assign Your Rights: You may only assign your rights or obligations under these Terms to others with our written consent.
14.3 No Third-Party Rights: This contract is between you and us. Unless stated otherwise in these Terms, no other person shall have the right to enforce any term of this contract under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong).
14.4 If Any Part of This Contract is Found to be Illegal, the Remainder Will Continue to Be Valid: Each provision of these Terms operates independently. If any court or authority determines that any provision is illegal, the remaining provisions will continue to be valid and enforceable.
14.5 Delayed Enforcement: Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you perform any obligations under these Terms, or if we delay taking action against you for a breach, this does not mean that you do not have to comply, and it will not prevent us from taking action against you at a later date. For example, if you fail to make payment and we do not pursue payment, we can still require you to pay later.
14.6 Language Version: These Terms are drafted in both Chinese and English. If there is any conflict between the English and Chinese versions, the Chinese version shall prevail to the extent permitted by applicable law.
14.7 Governing Law: These Terms are governed by the laws of Hong Kong, and you may bring legal proceedings regarding products and services in the courts of Hong Kong.
