These Terms govern the use of this Application, and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.
This Application is provided by:
Ares Technology Limited
3301 Cable TV Tower
9 Hoi Shing Road
Tsuen Wan, Hong Kong
Owner contact email: email@example.com
Welcome to the website of Neckermann Direct. as a cross-border e-commerce website provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions, including but not limited to the Privacy Notice, applicable to such services, and they are incorporated into this Agreement by this reference. Neckermann Direct reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site constitutes your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, We hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Neckermann Direct in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Neckermann Direct in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Neckermann Direct in advance. Neckermann Direct reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Neckermann Direct believes that customer conduct violates applicable law or is harmful to Neckermann Direct interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Neckermann Direct may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Neckermann Direct has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Neckermann Direct of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. This “site” is owned by Neckermann Direct registered under Hong Kong SAR laws with registered address at 3301 Cable TV Tower, 9 Hoi Shing Road, Tsuen Wan, Hong Kong.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Neckermann Direct, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Neckermanndirect.eu without charge and Neckermann Direct shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Neckermann Direct and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Neckermann Direct in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Neckermann Direct assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify Neckermann Direct against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Neckermann Direct the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Neckermann Direct will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Neckermanndirect.eu or third parties as to the origin of any Submissions or Content. Neckermanndirect.eu may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All information and content related to items on the website of Neckermann Direct including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information obtained from Supplier or third party sources and the items or the related information are not owned, manufactured, sold or endorsed by Neckermann Direct Considering the technical limitations, Neckermann Directdo not warrant that the said information is accurate, complete, reliable, current, or error-free.
Each item offered for sale on our website has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the website.
Without Neckermanndirect.eu express prior written consent, the use of data mining, robots, or similar data gathering and extraction tools on Neckermanndirect.eu as well as the use of Neckermanndirect.eu trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: Info@neckermanndirect.eu. You can also reach us via phone at +852 97837816 Hong Kong local time, or by mail at: 3301 Cable TV Tower, 9 Hoi Shing Road, Tsuen Wan, Hong Kong all arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Neckermanndirect.eu. You may not use Neckermanndirect.eu's Content or Compilation in any manner that disparages or discredits Neckermanndirect.eu or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Neckermanndirect.eu and and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Neckermanndirect.eu. Violators will be prosecuted to the full extent of the law.
Neckermanndirect.eu recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to Neckermanndirect.eu and are the sole property of the copyright or trademark holders. The dresses posted by Supplier are inspired by celebrity style and are Supplier’s recreations of item’s worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights by Neckermanndirect.eu.
Intellectual Property Infringement Policy
It is the policy of Neckermanndirect.eu to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws.
Sale of Unauthorized Goods on the Site
If you are an intellectual property rights owner and you believe that any Supplier on Neckermanndirect.eu sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to ipip@Neckermanndirect.eu.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc); and
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Copyright Infringement on the Site
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Neckermanndirect.eu's Copyright Agent who is listed below and named pursuant to the Digital Millenium Copyright Act, 17 U.S.C. § 512(c)(2):
1. The Full Legal Name and physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your mailing address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Neckermanndirect.eu may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Neckermanndirect.eu shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SUPPLIERS THROUGH Neckermanndirect.eu ON AN “AS IS” BASIS. Neckermanndirect.eu and MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Neckermanndirect.eu DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Neckermanndirect.eu DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Neckermanndirect.eu WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Neckermanndirect.eu's TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU THROUGH Neckermanndirect.euDURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Neckermanndirect.eu's LIABILITY.
Please note that there may be certain orders that the Supplier or Neckermanndirect.eu are unable to accept and must cancel. The Supplier and Neckermanndirect.eu reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. Neckermanndirect.eu will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Delivery of Products
Neckermanndirect.eu will be responsible to deliver the products in your order, from the Supplier’s or Neckermanndirect warehouse to the carrier for shipment to an address designated by you in the order. By placing an order on this Site, you authorize the Supplier to engage third party shipping services on your behalf.
While Neckermanndirect.eu strives to provide accurate product and pricing information, pricing or typographical errors may occur. Neckermanndirect.eu or the Supplier cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Neckermanndirect.eu and the Supplier shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Neckermanndirect.eu or the Supplier may, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold on Neckermanndirect.eu is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Neckermanndirect.eu, excluding shipping.
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to the Hong Kong International Arbitration Center for arbitration which shall be conducted in accordance with applicable rules in effect at the time of applying for such arbitration. The arbitral awards are final and binding upon both parties.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Neckermanndirect.eu is not responsible for the operation of or content located on or through any such site.
You agree that Neckermanndirect.eu's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Neckermanndirect.eu shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Neckermanndirect.eu may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Neckermanndirect.eu shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Neckermanndirect.eu of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Neckermanndirect.eu shall not be liable to you or be deemed to be in breach of agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, services and/or Site if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:
a. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
b. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d. import or export regulations or embargoes;
e. strikes, lock outs or other industrial actions or trade disputes;
f. difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or
g. telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
This Agreement shall be governed by and construed under the laws of (SAR) Hong Kong without regard to conflict of law provisions.