Terms and Conditions

LIBERTINE reserves the right to change these Terms from time to time at its sole discretion.

1. Definitions

1a) “LIBERTINE ” (“we”, “our”, “us”) means LIBERTINE or any person acting on behalf of and with the authority of LIBERTINE.

1b) “Client” (“customer”, “buyer”, “you”, or “your”) means the Client or any person acting on behalf of and with the authority of the Client and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books or purchases the Garment or pays for the Garment) is incorporated into definition of the Client (and is considered as the Client in addition to the person that wears the Garment) regardless of whether they are wearing the Garment. 

1c) “Garment” (or “Gown(s)”), means all Garments (including any fashion accessories e.g. dresses) supplied on hire by LIBERTINE to the Client in accordance with these Terms.

 

2. Acceptance (general and minors)

2a) The following circumstances constitute your acceptance of these Terms:

• your signature (whether electronic or actual); or
• your confirmation (whether electronic or actual); or
• your payment (whether electronic or actual); or
• your conduct (either express or implied); or
• any instructions received by LIBERTINE from the Client which a reasonable person would believe constitutes acceptance of these Terms.

2b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments in connection with Rental Fees due and owing to LIBERTINE.

 2c) Upon acceptance of these Terms by the Client, the Terms are binding and irrevocable and can only be amended with the written consent of LIBERTINE .

2d) If you are 13 or older but under the age of 18, you represent and warrant in favour of LIBERTINE that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our services on this basis.

 

3. Payment

3a) The Price for the dress must be paid in full at checkout.
3b) You will pay us the full price of the product(s) you purchase plus any applicable sales tax and / or additional fees applicable to your order (for example, fees for rush orders) ("Order Price"). Once you have placed your order, you will receive an estimated shipping date.

3c) To pay the Price of gown(s) plus any additional fees (if applicable) you will be using a third party payment processor, Shopify, or other provider we may use from time to time at our discretion, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by third party payment processors. The following payment method(s) are accepted by the third party payment processors:

- Online: American Express, MasterCard, and Visa; and

- In Studio: EPS, Bank transfer, Mastercard and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

 

4. Shipping 

4a) The Company reserves the right to determine pricing for Products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The Company may change the fees for any Product at any time. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4b) Shipping costs will be covered by the customer and will be calculated based on the delivery location and order size. Delivery costs may differ depending on the currency in which you wish to pay, size and weight of your ordered products. We will provide an estimated shipping cost upon order confirmation. 

4c) Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information.  

4d) Customers will receive a shipping confirmation email with delivery details once your order has been delivered to the courier. 

4e) Company will attempt in good faith to deliver your items in accordance with your order, but Company will not be responsible or liable for any delays or failure in such delivery. Company expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Company's discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. Company will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Company's reasonable control. In such cases, Company will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

4f) Regarding Incorrect address, change of address and refused delivery, we take no responsibility for incorrect shipping details. If incorrect details have been submitted email info@theweddinggown.hk to see what can be done prior to fulfillment.

4g) In the event of an incorrect shipment, responsibility lies with both the courier and the customer.

4h) If an order is refused at delivery you will not be refunded shipping costs and any duties and taxes incurred. We strongly urge you to review your order prior to shipment.

4i) LIBERTINE is solely responsible for shipping out products and keeping track of orders. All responsibilities related to courier services, including any issues or complications, are to be handled directly by the customer.

 

5. Returns / Exchange / Cancellations

5a) Once an order is placed, it is final and cannot be swapped/amended or cancelled. Any purchase is strictly non-refundable and non-returnable. Please carefully review your order before completing your purchase as we are unable to accept returns or exchanges for any products. 

5b) The Client acknowledges that the Garments which they are purchasing from LIBERTINE may vary slightly from the product displayed online as all our products are made-to-order and hand-crafted. 

 

 

6. Pre-orders and Alterations

6a) Our products are made in set sizes provided by customers.

Please also note that the color, trim or fabric of your product may vary slightly from the product displayed online as all our products are made-to-order and hand-crafted.

6b) Customers purchasing pre-orders acknowledge that these garments are crafted based on individual specifications and may require an extended production time. Pre-order items are expected to be available for shipping approximately 3 months or more from the date of purchase. Delays may occur due to unforeseen circumstances beyond our control. 

6c) By accepting and purchasing your gown with our services, you acknowledge that LIBERTINE will try their best to create the best fit according to the customer’s provided measurements but will not guarantee a perfect fit. Please note that there might be a slight variance of 1-2 cm in size due to the inherent stretch in the fabric and potential differences in the measuring tape used by both parties during the production process. 

6c) If you order any gowns or other garments from us, you may engage an independent alteration specialist to carry out alterations to tailor the gown or other garment to your desired fit, including the hemming of gown lengths (Alteration Services). 

It is your responsibility to engage an alteration specialist to carry out your Alteration Services. It is at your discretion and choosing who you elect to undertake your Alteration Services. We cannot provide you with an estimate of costs for external Alteration Services.

You acknowledge and agree that we will not be liable for any loss or damage suffered by you resulting from Alteration Services performed on your product(s) by you or a third party.

 

7. Default and Consequences of Default

7a) If the Client owes LIBERTINE any money the Client shall indemnify LIBERTINE from and against all costs and disbursements incurred by LIBERTINE in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, LIBERTINE’s collection agency costs or associated administration charges, and bank dishonour fees).

7b) Without prejudice to any other remedies LIBERTINE may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms, LIBERTINE may repossess the Garment or suspend or terminate the supply of Garment to the Client and any of its other obligations under the Terms. LIBERTINE will not be liable to the Client for any loss or damage the Client suffers because LIBERTINE has exercised its rights under this clause.

 

8. Security and Charge

8a) In consideration of LIBERTINE agreeing to supply a Garment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms (including, but not limited to, the payment of any money).

8b) The Client indemnifies LIBERTINE from and against all LIBERTINE’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising LIBERTINE’s rights under this clause.

 

9. Intellectual property rights and User Content 

9a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our LIBERTINE brand and in all of the material (including all text, graphics, logos, audio and software/online or app mediums) made available (Content).

9b)  Customers purchasing the gowns should refrain from promoting the brand without crediting LIBERTINE. Failure to provide proper credit may result in LIBERTINE reserving the right to take appropriate action to uphold brand integrity and ownership.

9c) Customers who have purchased our products are prohibited from selling, reselling, or using them for commercial purposes. In the event that customers are discovered to be selling, reselling, or using gowns for commercial gain, LIBERTINE reserves the right to take appropriate action to protect its brand and products.

Retailers interested in purchasing gowns for commercial purposes are encouraged to reach out to LIBERTINE directly for further inquiries and collaborations. 

9d) Your use of our services under these Terms, our website and/or use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content.

9e) Any content taken by a client submitted to LIBERTINE or has been tagged or hash tagged with LIBERTINE’s account and/or slogans gives us permission to use said photo and/or text for our own use and as promotional material.

9f) Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

9g) By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a Company-branded hashtag, you grant Company a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

9h) By purchasing gowns from the company, you agree that any personal pictures posted on social media featuring the purchased gowns grant the company permission to post, display, and share them for marketing purposes on various platforms, including social media and the company's website.

9i) We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not permit copyright-infringing activities on the Service.

 

10. Warranties and disclaimers

10a) To the maximum extent permitted by law, we make no warranties or representations about our services under these Terms or in regards to the Content.

10b) We reserve the right to restrict, suspend or terminate without notice your access to our services under these Terms or any Content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

 

11. Accounts

Upon creating an account on our Website, you affirm that you are at least 18 years of age and that the information provided is accurate, complete, and up-to-date. Any inaccurate, incomplete, or outdated information may lead to the immediate termination of your account on the Website.

It is your responsibility to safeguard the confidentiality of your account and password, ensuring restricted access to your computer and/or account. Please promptly inform us of any security breaches or unauthorized account usage.

We retain the right to terminate your account at our discretion. To terminate your account or unsubscribe from our mailing lists, kindly contact us at info@theweddinggown.hk.

 

12. Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate LIBERTINE or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material
4. Engaging in any conduct that restricts or inhibits any persons use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another partys use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable state, territory, or country laws, rules or regulations.

 

13. Availability, errors and inaccuracies

To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

 

14. Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

 

15. Liability

15a) To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our services and/or the information or materials connected with our services under these Terms.