Terms and Conditions
Terms and Conditions
About These Terms And Conditions
Lithe88 (www.lithe88.com) (“Website”) is a website operated by LITHE Enterprise Limited (Company Number 2158846) (“LEL”), a company registered in HONG KONG.
In these Terms and Conditions “we” or “us” mean LEL and its affiliates and subsidiaries that services on behalf of LEL in Hong Kong; and “you” means the user and/or the customer of the Website.
LEL reserves the right to amend these Terms and Conditions from time to time without prior notice to reflect changes made to the operation of the Website. Whilst we will make every reasonable effort to notify you of any changes to these Terms and Conditions, you are advised to check these Terms and Conditions periodically to update yourself on any changes and apprise yourself of the then current Terms and Conditions applicable to your membership and use of this Website.
Copyright/Trademark Information
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing Products is the copyright of LEL, or of other copyright owners. Permission is granted to electronically reproduce and print in hard copy portions of this Website for the sole purpose of placing an order with LEL, or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, communication, or republication) without our prior written permission is strictly prohibited.
“LITHE”, “LITHE88” are the trade names, trademarks, domain names, and company names of LEL and its subsidiaries or affiliates. All other trade names, trademarks, product names, company names, titles or logos used on this Website are the property of their respective owners. No permission is given by us in respect of the use of such trade names, trademarks, product names, company names, titles or logos and any such use without the permission of the relevant owner may constitute an infringement of the owner’s rights.
Colours
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst LEL will make every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. Neither LEL nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, any company information, news, research information, data and/or content contained on this Website (including but not limited to any information which may be provided by third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on this Website. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update Information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on how to obtain a refund.
Indemnification
You shall indemnify and hold LEL and its affiliates and subsidiaries and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify any of the Parties under this Section, LEL shall have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from LEL.
Legal Capacity To Transact
By accepting these Terms and Conditions you represent and warrant that you are over the age of eighteen (18) years. If you are under the age of eighteen (18) years you cannot place orders on this Website. Should LEL suffer any damage or other losses as a result of a transaction entered into by a minor, LEL reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed on this Website.
Placing Your Order
By placing an order you are offering to purchase a product/service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
(a) View Cart
The view cart shows the items added to the cart along with the item details. You can update the entered quantity, remove it altogether from the shopping cart or even empty the entire cart too. If you are done with your shopping, click on the Checkout button to check out of the shop or continue shopping
(b) Check Out
If you have finished shopping, click on the Check Out button. The checkout page will give you the value of the items that you have purchased along with the taxes (if available) on it. Next, select the mode of delivery of the products (for product sales only) and the shipping address. Shipping charges are now calculated and added to the item value and taxes. As a final step, select your payment method. If credit card is your chosen option, the order value will be charged to your credit card. Click on the Confirm Order button to confirm your order. Your order will be created and an email will be sent to you with the order details.
(c) Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(d) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
All transactions are processed via an industry standard secure https connection as a third party payment gateway. All sensitive data including credit card number and personal information are 128bit encrypted. Our payment page is also fully PCI DSS compliant, please visit https://www.pcisecuritystandards.org/tech/ for more information.
(e) Prices; Shipping and Handling Charges; Taxes
All prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees. Separate charges will be shown on the order acknowledgment for each applicable order. Taxes will be charged for orders shipped to states in which BES Natural Solutions is obligated to collect and report such sales.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
(f) When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
(g) We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
(h) Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email.
If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
Goods and Services Tax (“GST”)
Unless otherwise stated on the Product listing or in our invoice for your purchases, suppliers in the web site of Lithe88.com will bear the GST imposed by the relevant Authority of the countries or import duty payable (if any) on the Products you purchase from us.
Prices
LEL will use its best endeavors to list Products with the most competitive prices. LEL reserves the right to change prices for Products displayed at the Website at any time without prior notice. Our products are sourced from within China and international markets and as such some may not be available for sale in Hong Kong. In such cases, recommended retail price may not be available for some Products. For Products eligible for sale in their respective countries, the Products’ market prices are used as the recommended retail price. In other cases, the recommended retail price is provided in Hong Kong dollars (converted from its local currency, plus any applicable duty or freight). The exchange rate used for currency conversion to Hong Kong dollars shall be the transaction rate adopted by LEL, its affiliates and subsidiaries at the time of the sales.
Under no circumstances an LEL Voucher be eligible for redemption if the LEL Voucher has deemed defective, disabled or expired. No replacements for defective, disabled or expired LEL Vouchers.
When an LEL Voucher is applied to an order with more than one Products, the value of the LEL Voucher will be allocated for each Product on a pro-rated basis. Refunds of an orders (complete or partial) are only applied to the full amount, less the original LEL Voucher redemption amount, shipping and handling charges.
We reserve the right to disqualify you at any time from participating in our LEL Vouchers from your account.
Responsibilities of the customer
Unlawful Use:
Customer shall not use the Service and shall require Subscribers not to use the Service for any unlawful purpose whatsoever, including but not limited to the transmission of information or the offering of any service which is contrary to any applicable law or regulation, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way, nor for outbound traffic to the PSTN (the Public Switched Telephone Network) by falsifying the sending address of the transmission using LEL number in the caller id.
Delivery Of Your Products
Title and risk of loss to all products will pass to you on delivery unless otherwise specified. For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
Limitation of Liability
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We disclaim any and all liability to you for the supply of the Telephony Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Telephony Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Our Liability
In no event shall LEL and any of its affiliates and subsidiaries be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, special, incidental or consequential loss or damage of any kind including but not limited to loss of use, loss of data, loss of business or profits, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data – Use And Protection
Please see the Privacy Policy section of the Website for full details of how we use and protect your personal information. You consent to any personal information which we may obtain about you via (either via this website, by email, telephone or any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy. We may update our Privacy Policy from time to time, in our sole discretion, and post an updated version of the Privacy Policy at the Privacy Policy section of this website.
Force Majeure
Neither LEL nor any of its affiliates and subsidiaries shall be liable for any failure or delay in performing any of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Entire Agreement
These Terms and Conditions together with your Order constitute the entire agreement between you and LEL in relation to your use of the website, your LEL membership, and the supply of the Products to you by LEL. These Terms and Conditions cannot be varied except by us in writing or by e-mail. Neither you nor LEL shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representation, whether written or oral, between you and LEL.
Modification/Alteration
We may at any time modify any relevant Terms and Conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
Miscellaneous
These Terms and Conditions are binding upon the parties and their respective successors and permitted assigns.
These Terms and Conditions will not be assignable or transferable by you without our prior written consent.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and LEL are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflict of law, and any disputes arising in connection with this website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
Current version effective as of [ July 2021 ]
条款和条件
关于这些条款和条件
Lithe88(www.lithe88.com)（以下简称“网站”）是由香港注册公司LITHE Enterprise Limited（公司编号2158846）（以下简称“LEL”）经营的网站。
在这些条款和条件下，“我们”或“美国”是指LELL及其附属公司和子公司，代表香港的ELL服务；“您”是指网站的用户和/或客户。
LEL保留随时修改这些条款和条件的权利，恕不另行通知，以反映对网站运营所做的更改。我们将尽一切合理努力通知您这些条款和条件的任何变更，同时建议您定期检查这些条款和条件，以便对任何变更进行更新，并告知您当时适用于您的会员资格和使用本网站的条款和条件。
版权/商标信息
整个网站、副本、图像、徽标、标识、文本、内容和展示产品的独特方法均为LEL或其他版权所有人的版权。允许以电子方式复制和打印本网站的硬拷贝部分，仅用于向LEL下订单或将本网站用作购物资源。未经我方事先书面许可，严禁以任何其他方式使用本网站上的资料（包括出于上述目的以外的目的复制、修改、分发、传播或再版）。
“LITHE”、“LITHE88”是LEL及其子公司或附属公司的商号、商标、域名和公司名称。本网站上使用的所有其他商品名称、商标、产品名称、公司名称、标题或徽标均为其各自所有者的财产。我方未就使用此类商品名称、商标、产品名称、公司名称、标题或徽标给予任何许可，未经相关所有者许可的任何此类使用可能构成对所有者权利的侵犯。
颜色
我们已尽最大努力尽可能准确地显示本网站上所示产品的颜色。但是，由于您所看到的颜色取决于您的显示器，我们不能保证您的显示器显示的任何颜色都是准确的。
纠正错误和不准确之处；数量限制
虽然LEL将尽一切合理努力在本网站上提供准确的信息，但这些信息可能包含印刷错误或不准确，并且可能不完整或不及时。LEL或任何第三方或数据或内容提供商均不对信息、观点、任何公司信息、新闻、研究信息的准确性、完整性或可靠性作出任何明示、法律暗示或剩余的陈述或保证，本网站包含的数据和/或内容（包括但不限于第三方或数据或内容提供商提供的任何信息）（“信息”），不得以任何方式受本网站包含的任何信息的约束。因此，我们有权更正任何错误、不准确或遗漏，并随时更改或更新信息，而无需事先通知（包括在您提交订单后）。请注意，此类错误、不准确或遗漏可能与产品描述、定价和可用性有关。我们也保留限制数量的权利（包括在您提交订单之后）。对于由此给您带来的不便，我们深表歉意。如果您不完全满意您的购买，请参阅我们的退货政策，了解如何获得退款的详细信息。
赔偿
贵方应赔偿并使LEL及其附属公司和子公司及其各自的雇员、代表、代理人、附属公司、董事、高级职员、经理和股东（统称为“双方”）免受任何损害、损失或费用（包括但不限于：，与任何第三方索赔、要求或诉讼（以下简称“索赔”）有关的律师费和成本），该等索赔、要求或诉讼是针对任何一方提出的，声称贵方违反了本条款和条件。如果您必须根据本节赔偿任何一方，LEL有权控制任何索赔的辩护、解决和解决，费用由您自行承担。未经LEL明确书面许可，您不得解决或以其他方式解决任何索赔。
法律交易能力
通过接受这些条款和条件，您表示并保证您已年满十八（18）岁。如果您未满十八（18）岁，您不能在此网站下订单。如果LEL因未成年人达成的交易而遭受任何损害或其他损失，LEL保留向未成年人的父母或监护人寻求赔偿的权利，这些未成年人的父母或监护人在本网站上下了任何订单。
当前版本生效于（二零二一年七月）
