Terms of service
TERMS AND CONDITIONS
General Terms and Conditions of Parke Original.
1. Introduction
1.1
These General Terms and Conditions apply to the use of our website and to the purchase of products offered through our website.
1.2
Definitions and interpretations of these Terms can be found in Section 26.
2. Acceptance
2.1
You represent and warrant that: (a) you are a natural person and at least 18 years of age; (b) you are legally capable of entering into a binding contract with us; and (c) you are not prohibited under applicable law or other agreements from entering into such a contract.
2.2
We reserve the right to request written confirmation of your ability to accept these Terms.
2.3
You further represent that: (a) you have not been convicted of computer- or internet-related offenses; and (b) you have not previously been denied access to our products or website.
2.4
We reserve the right, at our sole discretion, to deny access to our website if we consider it necessary or appropriate.
2.5
By placing an order, you represent and warrant that: (a) you have read these Terms carefully and in full; (b) you place your order solely on the basis of these Terms; (c) any order confirmation is issued exclusively under these Terms; and (d) you agree to these Terms.
2.6
If you do not agree to these Terms, you may not use the website or purchase products.
2.7
You must expressly agree to these Terms in order to: (a) submit information on or through our website; or (b) purchase a product.
2.8
By visiting our website, purchasing products, or agreeing to these Terms: (a) you also agree to our Privacy Policy; and (b) you agree to comply with our website usage rules (see Section 12).
2.9
We recommend that you save or print a copy of these Terms for your records.
2.10
Without acceptance of these Terms, no orders can be placed and no inquiries can be submitted.
3. Personal Use
You confirm that you use the website exclusively for personal, non-commercial purposes and that you purchase products only for yourself as an end consumer, not on behalf of third parties.
4. Prices
4.1
Product prices displayed on our website include shipping costs but exclude taxes, customs duties, governmental charges, or similar fees (“duties unpaid and not collected”).
4.2
Any customs duties, taxes, import fees, or governmental charges related to delivery to the shipping address are the responsibility of the customer and are not included in the product price.
For deliveries outside USA, additional costs such as customs duties or VAT may apply, as products are shipped from outside USA (China).
Customs duties and import charges are not covered by us and remain the buyer’s responsibility. Products are shipped duties unpaid.
The buyer is considered the importer of record and is responsible for paying all applicable duties and complying with the import laws and regulations of the destination country. Due to varying import regulations, you should inform yourself of applicable charges before placing an order.
4.3
We make every effort to ensure that all product information, descriptions, and prices on our website are accurate. However, errors may occur.
If a pricing error is identified, we will notify you as soon as possible and give you the option to confirm or cancel the order. If we are unable to contact you or receive no response, the order will be canceled and fully refunded. If you choose to confirm the order, it will be processed and charged as communicated using your original payment method.
4.4
We are not obligated to fulfill an order if the price listed on the website is incorrect, even if you have already received an order confirmation.
4.5
Prices are subject to change but will not affect orders that have already been confirmed.
5. Placing an Order
5.1
All orders are subject to product availability. If a product is unavailable, we will notify you by email and issue a refund where applicable.
5.2
A contract is formed only once our order confirmation has been sent and applies exclusively to the products listed therein. These Terms form an integral part of the contract and exclude all other terms.
5.3
If your order includes multiple products, delivery may occur in multiple shipments.
5.4
We reserve the right to remove products from the website or modify content at any time without liability to you or third parties.
5.5
We reserve the right to refuse or cancel an order at any time, even after an order confirmation has been issued, without liability.
5.6
If we cancel an order after payment has been made, a full refund will be issued.
6. Payment
6.1
You may pay for products using any payment method available on our website.
6.2
Orders may be paid in whole or in part using discount codes issued by us. Promotional codes are redeemable online only at checkout.
6.3
We may use third-party payment providers. You agree that we may share your documents and information, including personal data, with such providers.
6.4
We are not a regulated payment or financial services provider and are not responsible for failed payments or issues caused by third-party processors.
6.5
You are responsible for providing complete and accurate payment information. By placing an order, you confirm that: (a) the payment method used belongs to you; (b) you are the lawful holder of any voucher used; and (c) you have sufficient funds or credit to complete the purchase.
6.6
We are not liable for unauthorized use of your credit, debit, or prepaid card by third parties, even if reported as stolen. We reserve the right to report fraudulent or illegal activity to the relevant authorities.
6.7
You agree not to cancel payments or attempt to cancel payments and not to initiate chargebacks.
6.8
You agree to fully indemnify us against all chargebacks, cancellations, losses, costs, liabilities, or expenses arising therefrom.
7. Delivery
7.1
We will deliver your order to the shipping address provided during checkout.
7.2
After payment, we will provide an estimated delivery date.
7.3
If we anticipate that the estimated delivery date cannot be met, we will notify you. We are not liable for any resulting losses, costs, or damages.
7.4
In some cases, delivery to certain locations may not be possible. In such cases, we will inform you and either issue a refund or arrange delivery to an alternative address of your choice.
7.5
Delivery is deemed complete once the products have been delivered to the specified address.
7.6
You are responsible for: (a) accepting delivery and inspecting products for visible damage; (b) contacting customer support if issues arise; (c) providing an accurate delivery address and ensuring receipt of delivery; and (d) any additional costs resulting from failed delivery attempts.
7.7
If you do not receive the products within a reasonable time after the stated delivery date, please contact our customer support immediately.
8. Risk and Ownership
8.1
The risk of loss or damage transfers to you upon delivery.
8.2
Ownership of the products transfers to you upon delivery and full payment.
9. Cancellation and Returns
9.1
You have the right to cancel an order or return products in accordance with our Return Policy.
9.2
Returns must be made within the return period specified after receipt of the products. Further details can be found in our Return Policy.
9.3
We reserve the right to reject or cancel returns that do not comply with our policy.
9.4
If you return a defective product, we reserve the right to inspect and verify the defect before issuing a refund or replacement.
9.5
In the case of cancellation or return of correctly delivered products, you bear the return shipping costs and transit risk.
9.6
For approved returns, we will refund the full purchase price of the returned products and the original shipping costs. Additional costs and return shipping costs are not refunded.
9.7
Refunds are issued using the original payment method.
10. Complaints and Disputes
10.1
Complaints regarding products or delivery must be reported to us promptly.
10.2
We aim to resolve complaints fairly but are not liable for damages caused by delayed notification.
10.3
Disputes relating to these Terms or the use of the website are governed by the applicable laws and courts of your country of residence.
11. Limitation of Liability
11.1
We are not liable for loss of profits, loss of data, loss of use, or other indirect or consequential damages unless caused by intentional misconduct or gross negligence.
11.2
Our liability is limited in all cases to the amount paid for the relevant order.
11.3
Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) liabilities that cannot be excluded by law.
12. Use of the Website
12.1
You may use the website only in accordance with these Terms and our acceptable use policy.
12.2
You may not use software or other means to damage, disrupt, or alter the website.
12.3
You may not collect information from the website or other users without their express consent.
12.4
We reserve the right to terminate or restrict your access to the website if we believe you have violated these Terms or our acceptable use policy.
13. Intellectual Property
13.1
All intellectual property rights in the website and the products belong to us or our licensors.
13.2
You may not use any intellectual property rights belonging to us or our licensors without our prior written consent.
14. Amendments to the Terms and Conditions
14.1
We reserve the right to amend these Terms and Conditions at any time.
14.2
Any changes will be communicated via the website or by any other method we deem appropriate.
14.3
Continued use of the website following any changes constitutes acceptance of the revised Terms.
15. Assignment
15.1
We are entitled to assign or transfer our rights and obligations under these Terms to third parties without your consent.
15.2
You may assign or transfer your rights or obligations under these Terms only with our prior written consent.
16. Severability
16.1
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain unaffected and in full force and effect.
17. No Waiver
17.1
Our failure to exercise or enforce any right or remedy shall not constitute a waiver of such right or remedy.
19. Language
19.1
These Terms and Conditions are written in the English language. In the event of any inconsistency between the English version and any translations, the English version shall prevail.
20. Governing Law and Jurisdiction
20.1
These Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands.
20.2
Any disputes arising in connection with these Terms shall be subject to the jurisdiction of the courts of the Netherlands.
21. Contact Information
21.1
If you have any questions or comments regarding these Terms and Conditions, you may contact us using the contact details provided on our website.
22. Data Protection
22.1
Our Privacy Policy forms an integral part of these Terms and Conditions and governs your visit to and use of our website.
22.2
We use cookies on our website, including to determine how customers prefer to use the website. By accepting these Terms, you consent to the use of cookies. Further information can be found in our Privacy Policy.
22.3
If you provide us with personal data, we will process such data in accordance with your instructions and take appropriate security measures to protect it against unauthorized or unlawful use and against loss, destruction, or accidental damage.
22.4
Unless expressly agreed otherwise, any information and documents created in connection with the sale of our products may be shared in electronic form with and accessed by our employees, contractors, advisors, or representatives.
23. Viruses
23.1
We do not guarantee that our website will be secure or free from bugs or viruses.
23.2
You are responsible for configuring your information technology, software, and platforms in order to access our website. You must use your own virus protection software.
23.3
You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
23.4
You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.
23.5
You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
23.6
If we believe that you have breached any provision of this Section 23, your right to use the website will cease immediately. We may report such breaches to the relevant authorities and will do so where required by law.
24. Liability
24.1
Subject to Section 24.13, we exclude all liability to the fullest extent permitted by law and shall not be liable for any loss suffered by you or any third party arising from:
(a) third-party content or user-generated content;
(b) our content, including its accuracy, completeness, or timeliness;
(c) the products, including their quality, images, descriptions, specifications, conformity with descriptions, or fitness for a particular purpose;
(d) reliance on any information contained in these Terms or on our website or on any features offered therein;
(e) the unavailability of the website or interruptions or partial or defective access at any time; and
(f) delays or failure to perform our obligations due to events beyond our reasonable control, including telecommunications failures, power outages, terrorism, strikes, adverse weather, computer issues, supply chain disruptions, labor disputes, or staff shortages due to illness or injury. In such cases, performance deadlines shall be extended accordingly.
24.2
We shall not be liable for loss of profit, business loss, loss of customers, savings, or benefits, or for any indirect, special, or consequential damages, whether or not such losses were foreseeable or you were advised of their possibility.
24.3
Our total direct or indirect liability under these Terms (including the purchase of products) is limited to USD 1,000 or five times the price paid for the product, whichever amount is lower. Any outstanding amounts owed by you to us shall be deducted.
24.4
All claims must be brought within one (1) year from the event or omission giving rise to the loss or cost.
24.5
To the extent permitted by law, no personal liability shall be asserted against our employees, agents, advisors, or other persons involved.
24.6
All express or implied representations, warranties, or undertakings are excluded to the fullest extent permitted by law.
24.7
A claim may be brought against us only in respect of a single event or omission. A series of related or similar events shall be treated as one event.
24.8
The liability limitations set out in this Section 24 also apply to our joint and several liability with third parties. Liability for the same loss may only be incurred once.
24.9
In cases of joint liability, we shall only be responsible for the portion attributable to our fault.
24.10
Our liability shall be reduced by the share for which a third party would have been responsible had claims been brought against that third party.
24.11
When assessing third-party liability, it shall not be taken into account whether you are legally prevented from bringing claims against such third parties (e.g., due to limitation periods, insolvency, or dissolution).
24.12
These exclusions do not apply to:
(a) death or personal injury caused by our negligence;
(b) fraud or gross negligence;
(c) liabilities that cannot be excluded by law; and
(d) in all other cases, our liability shall be limited to the statutory minimum extent permitted by law.
24.13
These provisions constitute an exhaustive list of remedies available against any party in connection with these Terms.
25. Indemnification
25.1
Upon request, you agree to fully indemnify us against all claims, costs, and losses arising from:
(a) a material breach of these Terms;
(b) fraud, negligence, or breach of duty by you; or
(c) your use of our website.
25.2
We are entitled to charge you for all reasonable costs incurred in connection with an indemnification claim. Such costs are payable upon demand.
26. Force Majeure
26.1
If a force majeure event lasts longer than one week, we are entitled to amend or terminate these Terms.
26.2
All disputes or claims (including non-contractual claims) arising out of or in connection with these Terms shall be resolved by arbitration in Hong Kong. The arbitration shall be conducted in accordance with the arbitration rules in force at the time of submission. The seat of arbitration shall be Hong Kong, the language shall be English, a single arbitrator shall be appointed, and Hong Kong law shall apply.
27. Company Information
Mexus
Pijlbrem
Brunssum
6444DT
Netherlands
KVK: 95952780
support@parkeorigins.com
28. Interpretation
28.1
Terms such as “contract,” “customer,” “delivery address,” etc. refer to the definitions set out in Section 28 of the English original version. These definitions apply accordingly in any translated version.
29. Returns for Sale Items
At Parke Origin, we aim to offer high-quality products at fair prices. Special return rules apply to sale items:
No returns for discounted items:
Products purchased on sale or as part of a promotion are excluded from returns.
30. The Offer
If an offer is limited in time or subject to conditions, this will be clearly stated in the offer. All offers are non-binding and subject to change. The provider may modify or withdraw an offer at any time. Product images and descriptions are for illustrative purposes only; color variations may occur and do not constitute a defect.