Terms and Conditions
Thank you for visiting the official site of Capriciouslab (“Capriciouslab” “we,” “us”) website(s) (the “site” or “sites”). We reserve the right to make changes to the site, related policies and agreements and the TOS at any time. You are advised to check the Site from time to time to check the update or changes to the said policies and agreements and the TOS.
1 Access to Capriciouslab Site
1.1 Access to and use of the site and related services (collectively, the “services”) are made available to you in accordance with the following terms (the “Term of Service” or “TOS”). By using the services, such as placing orders on the site, you are agreeing to all of the terms of service published on the site at the time of such usage.
1.2 You will need to register an account to use some of the Services available to you on the Site. In registering an account you agree to provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to Privacy Terms below for more information on how we use your personal data. If you are under 18, you must let your parents or guardian know about Capriciouslab’s privacy policy as provided in Privacy Terms before you register to use the Site and the Services. Capriciouslab reserves the right to only accept orders from you if you are aged 18 or over or with parental guidance.
1.3 Capriciouslab endeavours to ensure that this site is normally available 24 hours a day, but some events may happen beyond our reasonable control, such as temporarily service suspension and service failure without advanced notice. Under such conditions, Capriciouslab will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
2 Intellectual Property
2.1 All software and any text, audio or music, video, graphics, photographs, and images in the Site (the “Content”) are the intellectual property of Capriciouslab and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorize by Capriciouslab and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior written consent or authorization of Capriciouslab. Any such unauthorized actions may result in civil consequences or criminal penalties.
2.2 Trademark appearing on website may only be used with the permission of Capriciouslab or the respective trademarks and it affiliates.
2.3 Capriciouslab reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
2.4 “Capriciouslab” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on this site are subject to the trademark and other rights of Capriciouslab or its affiliates. Capriciouslab’s Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Capriciouslab. Your use / misuse of Trademarks displayed on this website, or of any other site content, except as provided for in these Terms of Use, is strictly prohibited.
3 Privacy
Please review our Privacy Notice, which also provide your use of Capriciouslab Service to understand more practices.
4 Third Party Links
The site may include links to other websites or resources that are not operated or prepared by Capriciouslab. We have no control over such sites and resources, and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them. Capriciouslab is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.
5 Disclaimer
5.1 Usage restriction and Limitation of Liability
We may take actions against your account for activities including, but not limited to:
5.1.1 Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
5.1.2 Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
5.1.3 Advertising or sending unsolicited messages of any kind; and
5.1.4 Impersonating others or providing any kind of false information. Capriciouslab reserves the right to terminate any account at its sole discretion. We may send you an email to inform you of the termination of your account in such event.
5.1.5 Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. Capriciouslab takes no responsibility for any such views as they do not necessarily reflect ours.
Capriciouslab does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
5.2 Indemnity and Waiver
5.2 Capriciouslab (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction. If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
6 General
6.1 Eligibility to Purchase: In order to place orders with us, you must meet our conditions of eligibility:
6.1.1 Be aged 18 years of age or over or if aged below 18, please let your parents or guardian know in advance;
6.1.2 Be in possession of a valid credit card issued by a licensed bank acceptable to Capriciouslab for payment or be in possession of a valid PayPal account;
6.1.3 Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the site);
6.1.4 In placing an order with us, you authorize Capriciouslab to process a charge or charges on your credit card or PayPal account in the amount of the total purchase price of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to Privacy Terms below on our privacy policy for further information about how we use your data.
6.1.5 All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
6.1.6 The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
6.2 Product Description
Capriciouslab will endeavor to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that the Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by Capriciouslab is not as described.
6.3 Pricing
6.3.1 Prices are shown on the Site in US Dollars (USD). Prices displayed on the Site at the time your order is accepted will be honored except in the case of obvious error. Whilst we use our best endeavors to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancel-ling your order. If we are unable to contact you, we will treat the order as canceled.
6.3.2 If your credit card is not denominated in US Dollars (USD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
6.3.3 We reserve the right to change the price of any product at any time.
6.4 Payment
We accept payments made by PayPal or credit card. By placing an order using one of the above online payment methods, you confirm that the PayPal or the credit card account used is yours or that you have been authorized by the owner to use it.
If your card issuer refuses to authorize payment to Capriciouslab, we will not be liable for any delay or non-delivery.
6.5 Acceptance of your Order
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and Capriciouslab will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English. Capriciouslab reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
6.5.1 The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
6.5.2 We identify a pricing or product description error.
6.5.3 We are unable to obtain authorization for payment.
6.5.4 You do not meet the eligibility criteria to purchase as set out in the TOS. Our Customer Service team will contact you as soon as possible if there are any problems with your order or you might log in to chase for your order status.
6.6 Shipping and Collections
6.6.1 The expected delivery time is around 1-2 week time. We will endeavor to meet these estimates but cannot guarantee that such estimates will be met. Special delivery confirmation and arrangement will be made separately.
6.6.2 Capriciouslab insures each order through transit until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by Capriciouslab. You also accept the associated transfer of responsibility in the same way.
6.6.3 The recipient shall bear other costs and expenses that may incur and vary depending on the country of shipping delivery (such as customs, taxes and etc) in relation to the use of international delivery service.
6.7 Cancellations, Returns and Exchanges
6.7.1 You can return your order for a refund or exchange within 14 days from the date when the product is delivered to you if the goods are faulty or wrongly delivered.
Also, upon your signature confirmation provided that the returned parcel must be:
(i)Products must be in original condition, never worn, with all tags attached, and must be returned in the original box and/or complete packaging. (For this purpose, therefore, we recommend covering the original packaging of the products with another protective packaging that preserves the integrity of the same and protects it during the transportation from writing or stickers); and
(ii)Products must be returned together with the warranty card, sales receipt and full packaging.
We reserve the right to deduct from the refund amount any fee or charges incurred by us in relation to the return of the products. Please email customer service (info@ capriciouslab.com) to with your order number, reason of return and the picture of defected part.
6.7.2 You can cancel your purchase before the product is delivered to you by emailing our customer service (info@capriciouslab.com) with reason of cancellation and your order number. Provided that if you inform us of your decision to cancel your purchase after 24 hours from the time of your purchase, we reserve the right to deduct from the refund amount any fee or charges incurred by us such as the bank transaction charge in relation to cancel-ling the purchase.
In absence of the above you shall not have the right to the reimbursement of the amount paid.
6.8 Manufacturer’s Warranty
6.8.1 Capriciouslab warrants that, during the 12-month warranty period starting from the date of purchase, the products will, with normal use and service, be free from faulty parts, manufacture or workmanship.
6.8.2 This warranty only applies where a defect has arisen, wholly or substantially, as a result of faulty manufacture, parts or workmanship during the warranty period. The warranty does not apply where damage is caused by other factors, including without limitation: (a) normal wear and tear; (b) abuse, mishandling, accident or failure to follow operating instructions; (c) leaking batteries; (d) exposure to liquid (excluding water in the case of waterproof products) or infiltration of foreign particles; (e) servicing or modification of the product; or (f) shipment or other transit; (g) exposure to other type of liquid that will cause staining, rusting or other chemical effect.
6.8.3 Customer must provide the original proof of purchase together with the stamped warranty card upon a warranty claim. Please email Customer service (info@ capriciouslab.com) for more information.
7 Governing Law and Jurisdiction
7.1 Nothing in the Terms of Use is intended to affect your rights under the laws of Hong Kong SAR.
7.2 The Terms of Use, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these Terms of Use.
8 Complaint
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments.
Capriciouslab respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
Capriciouslab IS A COMPANY REGISTERED IN HONG KONG SAR UNDER THE NAME OF Capricious Limited.
