TERMS OF SERVICE

TERMS OF SERVICE
Updated: 01/13/2021

Welcome to thehalara.com! These Terms of Use (“Terms”) govern the halara web site, thehalara.com/halara.com available by desktop or mobile web, or mobile application, (the “Site”) controlled by HK DFS Limited with address at Suite 603, 6/F Laws Comm Plaza, 788 CHEUNG SHA WAN RD KLN, Hong Kong.

The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.

By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

Content Permission & Restrictions
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.

Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.

Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Shipping Limitation
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting halara Customer Service regarding any claims for damaged and/or lost shipments.

Email Communication
By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Merchandise & Availability
The merchandise sold through the Site is intended to comply with HK laws and regulations.

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped. Click here for more information on shipping.

User Comments
From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

Prohibited Uses of Site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

Returns
Customers must pay for the shipping cost if they need to return the item unless the items are defective. Customers will only be charged once for shipping costs (this includes returns); No-restocking to be charged to the consumers for the return of the product.

Discount Code
The Site reserves full rights to the usage of discount codes, in the cases customers violate the code rules, the Site has rights to cancel the order or forfeit the payment. Discount codes rules are stated hereinafter: 
21.1 discount codes including but not limited to the forms of percentage, value, free gifts, free shipping shall only be used once by each customer unless stated by the halara.com;
21.2 discount codes for new customers shall only be used by the first time order of each customer;
21.3 customers are not allowed to profiteer on discount code by selling the codes to other customers, or other fraudulent purposes. 


Disclaimer of Warranty & Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY HALARA ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT TO YOU THAT OUR SITE OR ANY OF ITS CONTENTS WILL BE ACCURATE COMPLETE OR RELIABLE. NO HALARA PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE HALARA PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO HALARA PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICES (WHETHER OR NOT PROVIDED BY US) WILL BE PROVIDED WITH DUE CARE AND SKILL; OR ANY MERCHANDISE (WHETHER OR NOT PROVIDED BY US) WILL BE OF MERCHANTABLE QUALITY OR WILL BE FIT FOR ANY PURPOSE (EVEN IF THAT PURPOSE HAS BEEN PREVIOUSLY NOTIFIED TO US). NEITHER HALARA NOR ANY OTHER HALARA PARTY REPRESENTS OR WARRANTS THAT THE SITE (INCLUDING THE USAGE OF APPLICATIONS OR SOFTWARE), ITS SERVERS OR E-MAIL SENT FROM HALARA (OR ANY PART OF IT) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. YOU AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED AS TOTALLY SECURE. WHILST WE STRIVE TO PROTECT SUCH INFORMATION, WE DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU TRANSMIT TO US. ANY INFORMATION WHICH YOU TRANSMIT TO US IS TRANSMITTED AT YOUR OWN RISK.
NO HALARA PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM HALARA OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY HALARA PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE HALARA PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN HALARA WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

Jurisdiction
The Site is controlled, operated and administered by halara (or its licensees or agents) from its offices within Hong Kong and is not intended to subject halara to the laws or jurisdiction of any state, country or territory other than that of Hong Kong. By visiting the Site, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and halara or any other halara Party.

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITEAND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF HONG KONG.

Dispute Resolution
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of halara or any affiliate or licensor of halara, halara may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an official certified English translation thereof. The arbitrator shall state the reason upon which the award is based.

Privacy Statement
We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

Customer Service
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.