Conditions of Sale
Please refer below to our Conditons of Sale
These Conditions of Sale shall apply to all sales of L’ÉCOLE Asia Pacific’ sessions, conversations and other training services (“Services”) that you (the “Client” or “you”) may order from L’ÉCOLE Asia Pacific (or referred to herein as “us”, “our” or “we”), on the Internet via L’ÉCOLE Asia Pacific’ Platforms, identified by the domain name "https://hk.lecolevancleefarpels.com" (the "Platforms"), and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”).
Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms. Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Platforms.
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
- PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts, (b) have legal capacity to enter into contracts may order Services on the Platforms. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Platforms, you represent and warrant that you are a bona fide end-user Client and will not deliver, sell or otherwise market L’ÉCOLE Asia Pacific Services or purchase L’ÉCOLE Asia Pacific Services for commercial purposes or any other commercial benefit.
- SERVICE AVAILABILITY; DATE AND PLACE OF EXECUTION
All orders placed through the Platforms are subject to availability and acceptance by L’ÉCOLE Asia Pacific.
L’ÉCOLE Asia Pacific reserves the right to change the assortment of Services proposed on the Platforms and may limit from time to time the quantity of L’ÉCOLE Asia Pacific Services that may be ordered by a Client in a single buying session.
The Platforms can provide you with information regarding Services that are currently available for sale through those channels. Services shown on the Platforms, which cannot be added to the shopping bag, are not available for sale through the Platforms. You may also call or email the Point of Contact of L’ÉCOLE Asia Pacific (the “Point of Contact”) (Contact Information indicated on the Platforms) and an Ambassador will be happy to answer any questions you may have regarding the order process and provide you with further information as to Service availability and assist you with your purchase.
- ACCOUNT REGISTRATION; PERSONAL INFORMATION
In order to place an order on the Platforms, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
The order process of the Platforms will include the following:
Add to Shopping Bag: Once you have chosen a Service, you may place this Service in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation (E-mail) of Order.
Checkout: When you are ready, you then proceed to “Checkout”. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.
Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.
Placing of Order: You then check the relevant box and place your order.
We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
- PRICES, TAX
All prices for the Services shown on the Platforms or quoted by the Point of Contact are in Hong Kong dollars (HKD) and include tax.
L’ÉCOLE Asia Pacific reserves the right to modify prices at any time without prior notice. If a L’ÉCOLE Asia Pacific Service’s current price is different than the price posted on our Platforms, then L’ÉCOLE Asia Pacific will either contact the Client for instructions or, if L’ÉCOLE Asia Pacific cannot obtain your instructions, reject the order and notify you of such rejection.
However, the price of a Service displayed on the Platforms, as indicated at the time L’ÉCOLE Asia Pacific provides you with a Confirmation of Order, will be honoured by L’ÉCOLE Asia Pacific.
The actual total price (including any applicable taxes) associated with your purchase will be calculated at the time when your order is confirmed, at which point you will receive a Confirmation of Order (as defined in Clause 9).
Payment is only acceptable with UnionPay credit cards. Payment shall be processed in Hong Kong dollars (HKD) by L’ECOLE Asia Pacific.
When ordering on the Platforms, you will need to enter your payment details on the appropriate form. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to L’ÉCOLE Asia Pacific, you will need to contact your card issuer directly to solve this problem, and L’ÉCOLE Asia Pacific will not be liable for any delay or non-delivery.
You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions. The amount of your purchase will be blocked on your card until your order is confirmed at which time you will be sent a Confirmation of Order and your card will be charged the applicable amount.
- ACKNOWLEDGEMENT OF ORDER
Once you have placed your order on the Platforms, you will receive an Acknowledgement of Order by e-mail acknowledging the details of your order. This Acknowledgement of Order will contain an Order Reference Number assigned by L’ÉCOLE Asia Pacific. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, L’ÉCOLE Asia Pacific will conduct its usual security checks and then process your order.
- CONFIRMATION OF ORDER BY L’ÉCOLE VAN CLEEF & ARPELS
You may call the Point of Contact to modify your order before acceptance of your payment by L’ÉCOLE Asia Pacific, but not afterwards.
Upon acceptance of your payment and order, following completion by L’ÉCOLE Asia Pacific of security checks, L’ÉCOLE Asia Pacific will send you by e-mail a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by L’ÉCOLE Asia Pacific and indicates the existence of a binding contract.
When ordering Services on the Platforms, you will receive an invoice that will be sent to you in writing (to your email address as a PDF attachment or otherwise).
Please note that L’ÉCOLE Asia Pacific will not send the invoice and payment details to the gift recipient.
You may cancel your Services for any reason for a full refund provided you cancel no later than 48 (forty-eight) hours prior to the applicable course or session. If you cancel your Services within 48 (forty-eight) hours prior to the applicable course or session, you will not be entitled to any refund, except in case of force majeure.
Either party to these Conditions of Sale may also cancel an order in case of force majeure, as defined below. In case of force majeure, L’ÉCOLE Asia Pacific will contact you immediately and postpone the Services to a later date. If postponing is not possible, we will reimburse to you all payments received from you, without undue delay and in any event not later than 5 (five) working days from the day on which we notified you about the cancellation, and no other form of compensation will be due from L’ÉCOLE Asia Pacific.
For the purpose of these Conditions of Sale, “force majeure” means acts of God, acts of war, terrorism, civil disorders, epidemics, earthquake, fire, flood. government or legal restrictions, the unavailability of an instructor or lecturer for reasons beyond the control of L’ÉCOLE Asia Pacific, or other events not within the control of either party.
We will carry out any refund due to you for cancellation using the same means of payment as you used for the initial transaction, without charging you any fee.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Services and Platforms whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the Service(s) in your order.
Please note that in some jurisdictions, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
13. ACCURACY OF SERVICE DESCRIPTIONS AND INFORMATION
While L’ÉCOLE Asia Pacific endeavours to verify the accuracy of any information it places on the Platforms, in advertisements or catalogues or by the Point of Contact, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. While every effort will be made to ensure that the descriptions, photographs or graphical representations relating to the L’ÉCOLE Asia Pacific Services detailed on the Platforms or in a catalogue are as accurate as possible, L’ÉCOLE Asia Pacific does not warrant that such materials or other content are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise.
14. GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms.
Information and complaints. For further information or complaints, you may also contact the L’ÉCOLE Asia Pacific Point of Contact on the phone number and e-mail address indicated on the Platforms.
15.GOVERNING LAW: AGREEMENT TO ARBITRATION OF CLAIMS
These Conditions shall be governed by and construed in accordance with the laws of the Hong Kong SAR without regard to its conflict of law provisions.
Any dispute, controversy or claim arising out of or in relation to these Conditions of Sale, including the validity, invalidity, breach or termination thereof or to any product or service purchased from L’ÉCOLE Asia Pacific through the Platforms, shall be adjudicated by the competent courts of the Hong Kong SAR.
Before bringing any dispute before courts, you and L’ÉCOLE Asia Pacific agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product or service, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed before courts until this provision is first met.
Last Revised: November 2020