The following terms and conditions and any other related rules that are adopted by L'ÉCOLE Asia Pacific and made available as provided herein (collectively the “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, with its principal place of business at Units 407,408 & 510a K11 Musea Victoria Dockside, 18 Salisbury Rd Tsim Sha Tsui Kowloon, Hong Kong, is a branch of Richemont Academy Asia Pacific Limited, whose registered office is located at 6th Floor, Jardine House, 1 Connaught Place, Hong Kong (“L'ÉCOLE Asia Pacific” or referred to herein as “us”, “our” or “we”) either (a) by phone via the Point of Contact of L'ÉCOLE Asia Pacific (the “Point of Contact”) whose telephone number and email address are indicated on the Website or (b) on the Internet via L'ÉCOLE Asia Pacific Website, identified by the domain name "www.lecolevancleefarpels.com" (the "Website").
These Conditions of Sale apply exclusively to sales made through the Point of contact or the Website. L'ÉCOLE Asia Pacific may modify the Conditions of Sale from time to time, at its sole discretion.
The Conditions of Sale applicable to any order placed through the Point of Contact or the Website are those in force at the time that an order has been placed on your behalf by a L'ÉCOLE Asia Pacific Ambassador (in the case of an order placed through the Point of Contact) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with L'ÉCOLE Asia Pacific, you indicate your acknowledgement and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any L'ÉCOLE Asia Pacific Services from the Website or the Point of Contact.
- PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of majority (eighteen in most countries), (b) have legal capacity to enter into contracts and (c) are living in any country, except west Africa, may order Services through the Point of Contact or on the Website (please also refer to the payment section below for further details). If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Point of Contact or on the Website, 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 Van Cleef & Arpels Services for commercial purposes or any other commercial benefit. If despite our efforts the Service is no longer available or L'ÉCOLE Asia Pacific believes, for legitimate grounds, that an order would violate these Conditions of Sale, L'ÉCOLE Asia Pacific may refuse such order.
- SERVICE AVAILABILITY; DATE AND PLACE OF EXECUTION
All orders placed through the Point of Contact or on the Website are subject to availability and acceptance by L'ÉCOLE Van Cleef & Arpels.
L'ÉCOLE Asia Pacific reserves the right to change the assortment of Services proposed on the Website or through the Point of Contact 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 Point of Contact and the Website can provide you with information regarding Services that are currently available for sale through those channels. Please note that only those Services displaying an “order now” button are available for sale through the Website. You may also call the Point of Contact (telephone number indicated on the Website) and an Ambassador will 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 through the Point of Contact or on the Website, you or the L'ÉCOLE Asia Pacific Ambassador (on your behalf) will be required to register and create your online account. In order to register, 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.
Upon completion of your account registration on the Website or by the L'ÉCOLE Asia Pacific Ambassador, you will receive an e-mail, which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarising the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. L'ÉCOLE Asia Pacific will not be held responsible or liable for any misuse of your account resulting from a third party's access to and use of your password and account login.
If you are willing to order on the Website, your offer to place an order will be processed as follows: once you have chosen a Service, click on the “order now” button to place this Service in your Shopping Bag. You may then decide to continue shopping for other Services and add them to your shopping bag (subject to availability and quantity limits) or proceed to “go back to the session schedule” by clicking on this button. You may also remove one or several Services you have selected in the Shopping Bag.
When ordering by telephone through the Point of Contact (telephone number indicated on the Website), a L'ÉCOLE Asia Pacific Ambassador will follow the offer and order process on your behalf.
The Services will be performed on the date mentioned on the Website or by the Point of Contact when you placed your order, and in the offices of L'ÉCOLE Asia Pacific located at Units 407,408 & 510a K11 Musea Victoria Dockside, 18 Salisbury Rd Tsim Sha Tsui Kowloon, Hong Kong .
- PRICES, TAX
All Prices for the Services shown on the Website or quoted by the Point of Contact include VAT (if applicable). The applicable currency is in Hong Kong Dollars.
L'ÉCOLE Asia Pacific reserves the right to modify prices at any time without prior notice. However, the price of a Service displayed on the Website or quoted by the Point of Contact, as indicated at the time L'ÉCOLE Asia Pacific provides you with a Confirmation of Order, will be honoured by L'ÉCOLE Van Cleef & Arpels.
The actual VAT 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 10).
You should carefully check all details before placing your order through the Point of Contact or on the Website, including without limitation the particulars of each order, which will be provided by the L'ÉCOLE Asia Pacific Ambassador (in the case of an order being placed through the Point of Contact) or displayed on the Website (in the case of an order being placed through the Website).
When you have completely reviewed your order, first check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale and then, click on the "Order with obligation to pay" button on the Website to place your order.
By placing an order, you are submitting an offer to L'ÉCOLE Asia Pacific to buy the Services you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, L'ÉCOLE Asia Pacific reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, L'ÉCOLE Asia Pacific may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if L'ÉCOLE Asia Pacific suspects that you have violated these Conditions of Sale.
- ACKNOWLEDGEMENT OF ORDER
08.1. Payment by credit or debit card
You may pay by credit or debit card, as indicated on the Website or through the Point of Contact.
Your billing address must be in one of the countries indicated in Clause 2 above. Cards with a billing address outside one of the countries indicated in Clause 2 above will not be accepted.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to L'ÉCOLE Van Cleef & Arpels, 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.
L'ÉCOLE Asia Pacific takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction. L'ECOLE Asia Pacific uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.
In order to secure your transaction and prevent fraud, L'ÉCOLE Asia Pacific will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorised L'ÉCOLE Asia Pacific to perform such checks and, where L'ÉCOLE Asia Pacific deems necessary, from time to time to transmit or obtain information that you have provided to L'ÉCOLE Asia Pacific about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise a particular purchase transaction.
ACKNOWLEDGEMENT OF ORDER
Once you have placed your order through the Point of Contact or on the Website, 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 Van Cleef & Arpels. 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.
When ordering by telephone through the Point of Contact, you will also receive by e-mail these Conditions of Sale along with the Acknowledgement of Order. Please carefully review these Conditions of Sale upon receipt.
10. CONFIRMATION OF ORDER BY L'ÉCOLE VAN CLEEF & ARPELS
Upon acceptance of payment, 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 Website or through the Point of Contact, you, as the Client, will have the option to choose whether you wish to receive an invoice to your billing address. If you decide at this moment that you do not want to receive an invoice, you may request an invoice no longer than 12 (twelve) months after purchase confirmation by calling the Point of Contact (telephone number indicated on the Website) subject to providing proper identification to the Point of Contact.
Please note that L'ÉCOLE Asia Pacific will not send the invoice and payment details to the gift recipient.
12. CANCELLATION BY L'ÉCOLE ASIA PACIFIC
L'ÉCOLE Asia Pacific may exceptionally cancel sessions, conversations and other Services in case of force majeure or if the professor is not able to attend the session.
If that is the case, we 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 14 days from the day on which we informed you about the cancellation, but no other form of compensation will be due by L'ÉCOLE Asia Pacific. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, without charging you any fee.
13. CLIENTS' RIGHT OF WITHDRAWAL
You will have the right to withdraw from this contract within 7 days without giving any reason. The withdrawal period will expire after 7 days from the day of the conclusion of the contract, after which only rescheduling to another session of equivalent tuition or lower can be effectuated, for maximum 1 time within 1 year.
To exercise the right of withdrawal, you must inform us (L'ÉCOLE Asia Pacific, Point of Contact at Units 407,408 & 510a K11 Musea Victoria Dockside, 18 Salisbury Rd Tsim Sha Tsui Kowloon, Hong Kong) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.
If you make an express request to L'ÉCOLE Asia Pacific to begin the performance of the Services during the withdrawal period, you shall pay L'ÉCOLE Asia Pacific an amount which is in proportion to what has been provided until you have communicated us your decision to withdraw from the contract, in comparison with the full coverage of the contract. L'ECOLE Asia Pacific will send you an invoice or deduct this cost directly from the refund.
14. SPECIFIC CONDITIONS APPLICABLE TO THE SERVICES “THE SPECIAL COURSE MENU”
We draw your attention on the specific conditions applicable to the Services given by L'ÉCOLE Asia Pacific in the form of the special course menu offer.
Without prejudice to your right of withdrawal provided in Section 13 hereof, in the event you start following one or several sessions subject to the special course menu beyond the withdrawal period of 14 days, and that you no longer wish to attend the remaining session(s) of the special course menu offer that you did not attend yet, the total Price of the special course menu will be due on your end, and the whole sessions included in this special course menu offer shall therefore be non-refundable. However, if you make an express request to L'ÉCOLE Asia Pacific to begin the performance of part or all of the sessions which are subject to the special course menu offer during the withdrawal period of 14 days, and that you validly exercise your withdrawal right in accordance with Section 13 hereof, you shall pay L'ÉCOLE Asia Pacific an amount which is in proportion to what has been provided until you have communicated us your decision to withdraw from the contract, in comparison with the full coverage of the contract, and the balance will be refunded to you in accordance with Section 13. Otherwise, all terms of Section 13 hereof apply.
The registration to the sessions which are subject to the special course menu offer is nominative and non-transferable to a third party. By registrating to our Services subject to the special course menu offer, you therefore accept that only one person may attend the sessions subject to this offer.
You also accept, by registrating to the Services which are subject to the special course menu offer, that those sessions may not be substituted by another session or other Services offered by L'ÉCOLE Van Cleef & Arpels: the sessions which are subject to the special course menu are therefore non-modifiable.
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.
15. GIFT CERTIFICATE
The gift certificate is valid until 12 months from the date of purchase, after which the gift certificate can no longer be used nor will the bearer be entitled to any form of reimbursement of credit. The gift certificate is valid for redemption of classes arranged by L'ÉCOLE Asia Pacific only.
The gift certificate is non-refundable and cannot be exchanged for cash in part or full and is valid for one time use only. Only one time reschedule is allowed after the redemption, such rescheduled date must occur before the gift certificate is expired. No extension upon expiry date is allowed. Only one certificate can be used in each transaction.
The gift certificate is deemed invalid if it is expired, altered or seriously damaged. L'ÉCOLE reserves the right not to accept and/or recognize any gift certificate(s) which are deemed inappropriate, suspicious and/or invalid for redemption at its sole and absolute discretion.
L'ÉCOLE reserves the right to cancel, revise or suspend all or any part(s) of the online courses, or the terms and conditions herein contained, at any time without prior notice or reason.
L'ÉCOLE shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking or using any gift certificate(s).
16. LEGAL GUARANTEE
You may have mandatory legal rights under applicable national legislation governing the sale of Services; those legal rights are not affected by these Conditions of Sale.
17. ACCURACY OF PRICING, SERVICE DESCRIPTIONS
While L'ÉCOLE Asia Pacific endeavours to verify the accuracy of any information it places on the Website, 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. L'ÉCOLE Asia Pacific does not confirm the price of a L'ÉCOLE Asia Pacific Service until a Confirmation of Order has been issued by L'ÉCOLE Asia Pacific, indicating the existence of a binding sales contract. If a L'ÉCOLE Asia Pacific Service's current price is different than the price posted on our Website, 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.
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 Website 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.
18. FINAL PROVISIONS
Information and complaints. In case of any complaints please contact our Point of Contact at the following address: L'ÉCOLE Asia Pacific, Point of Contact, Units 407,408 & 510a K11 MUSEA Victoria Dockside, 18 Salisbury Rd Tsim Sha Tsui Kowloon, Hong Kong. For further information or complaints, you may also contact the Point of Contact on the telephone number and e-mail address indicated on the Website.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further, and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
Force majeure. For the purpose of these Conditions of Sale, “force majeure” means acts of God, acts of war, terrorism, civil disorders, epidemics, earthquake, fire, storm, flood, government or legal restrictions, or other events not within the control of either party.
19. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of Hong Kong SAR, China, without reference to conflict of law provisions.
Any dispute, controversy or claim arising out of or in relation to the Services or these Conditions of Sale shall be adjudicated by the competent courts of Hong Kong SAR, China.
Without any restriction to bring proceedings before a court, L'ÉCOLE Asia Pacific or the Client will first 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 Services, the Conditions of Sale or any breach thereof.