Gisellia – Terms & Conditions
This agreement applies as between you, the User of this Website and Gisellia, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;|
|“Carrier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Goods”||means any products that Gisellia advertises and / or makes available for sale through this Website;|
|“Gisellia”||means Gisellia; 5-1, Jalan Temenggung 29/9, Bandar Mahkota Cheras, 43200 Kajang, Selangor, Malaysia.|
|“Service”||means collectively any online facilities, tools, services or information that Gisellia makes available through the Website either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and PayPal;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||Means our place(s) of business located at Gisellia;|
|“System”||means any online communications infrastructure that Gisellia makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Website and is not employed by Gisellia and acting in the course of their employment; and|
|“Website”||means the website that you are currently using (www.Gisellia.com) unless expressly excluded by their own terms and conditions.|
- Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business. If you are a business customer, please contact [email protected]
- International Customers
If Goods are being ordered from outside Gisellia’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Gisellia is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Gisellia cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Gisellia, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Hong Kong and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Gisellia.
- Third Party Intellectual Property
6.1 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed will be protected by Hong Kong SAR basic law and intellectual property rights.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Gisellia or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.Gisellia.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Gisellia. To find out more please contact us by email at [email protected] contact [email protected]
- Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Gisellia or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Gisellia reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Gisellia may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your username and password. Gisellia accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Gisellia immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Gisellia accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation
12.1 Either Gisellia or you may terminate your Account. If Gisellia terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Gisellia terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Gisellia reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- Goods, Pricing and Availability
13.1 By placing an order with Gisellia, you automatically accept our Terms & Conditions.
13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3 Gisellia does not represent or warrant that such Goods will be available. Stock indications are provided on the Website and are subject to availability.
13.4 All pricing information on the Website is correct at the time of going online. Gisellia reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every working day.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Gisellia processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
14.1 Gisellia will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Gisellia receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. If goods haven’t been received within 14 working days, please notify use as soon as possible.
14.3 By placing an order with Gisellia, you accept all of our Terms & Conditions on deliveries. Gisellia is not liable for any failed or late deliveries using our delivery services. On occasion, our delivery service can experience delays on dispatch. If we know your goods are going to be ‘dispatched’ late, we will endeavour to contact you to let you know. Unfortunately we are unable to monitor every delivery once the goods have been dispatched – this will be left to the customer to track and manage. Any delays on our delivery services will need to be dealt with by the carrier used. All contact information will be provided on request.
- Returns Policy
Gisellia aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
– Gisellia operates a 14 day returns policy (including bank holidays and public holidays)
– Goods must be back with us by the 14th day
– The returns period starts from the day delivery was attempted
– Returns are valid as long as you return your item/s back to us in unworn & unused condition with all original packaging. We’ll process your refund or exchange within 14 working days after receipt of your return
– All items must have the original swing tag still firmly attached, so please take care when trying the goods on at home. If the tag is removed, no refund will be issued and the item will be forwarded back to your address or a credit note issued
– If you return something outside of the returns period, we reserve the right to issue a credit note or resend the goods ordered back to the original delivery address
– It is your responsibility to make sure you send the return using a recorded & trackable service, as we cannot refund any lost, missing or damaged parcels. It will be your responsibilty to claim
– Please note we are unable to refund any postage or carriage charges for returns.
– We are unable to refund swimwear & earrings for hygiene reasons
– Don’t forget – all refunds will be issued back to the original method of payment. If your item is faulty, please send it back to us as soon as you can. We’ll try our best to repair or replace it, but if we can’t, you will be issued with a full refund
– If you would like to exchange your goods, please state this clearly on your returns form. If you are exchanging goods, please note the 14 day money back period still applies from the date of original purchase so bear this in mind if you are wanting to exchange your goods for another size as we’ll only be able to issue you with a credit note
15.1 If you have received Goods which do not match those that you have ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 5 days from delivery to arrange the return and replacement. Gisellia is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Gisellia within 5 days from delivery to arrange the return and replacement. Gisellia is responsible for paying refunding the shipment costs if the Goods are deemed faulty. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Gisellia within 5 days and arrange collection and return. Gisellia is responsible for refunding the returns shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5 This entitles you to a 14 day cancellation period. This period begins once your order is complete and ends 14 working days after the Goods have been attempted for delivery. If you change your mind about the goods within this period, please return them to Gisellia within 14 days of receipt, including weekends and bank holidays. You are responsible for paying shipment costs if Goods are returned for this reason. Sale items are also included as part of the same Consumer Contract Regulations period.
15.6 If you wish to return Goods to Gisellia for any of the above reasons, please contact us using the details on contact page to make the appropriate arrangements.
15.7 Gisellia reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1 Any use or enjoyment that you may have already had out of the Goods;
15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16.3 If you wish to opt-out of our placing cookies onto your computer or device, please contact [email protected] You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
17.1 Gisellia makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst Gisellia uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Changes to the Service and these Terms and Conditions
Gisellia reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Gisellia is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 Gisellia accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
20.1 To the maximum extent permitted by law, Gisellia accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Gisellia’s liability for death or personal injury resulting from any negligence or fraud on the part of Gisellia.
20.3 Nothing in these Terms and Conditions excludes or restricts Gisellia’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Gisellia.
24.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Gisellia. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 Gisellia may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click the unsubscribe link on any of the emails received, or contact [email protected] to be manually removed.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Gisellia shall be governed by and construed in accordance with the Law of Hong Kong and Gisellia and you agree to submit to the exclusive jurisdiction of the Courts of Hong Kong.
All pre-ordered products are on a first serve, first come basis. We aim to provide information as accurately as possible, however unforeseen circumstances make this information subject to change. We reserve the right to cancel and refund any orders made on a pre-order basis. Ordering a pre-order product does not guarantee the product, but only places a hold on the size ordered if stock allows. Any orders not fulfilled are refunded in full.
- Customer Credit
Please note, if you have received credit on your account this will last for 12 months from the date this is added to your account. It will expire 12 months after this date, please ensure you use your credit during this time months. Credit is not applicable on internatioanl orders.
- Student Discount
Gisellia offer 20% discount to customers who are registered student with Student Beans. You must be a student and agree to these terms and conditions to be eligible for the student discount. The % discount is subject to change. You will need to register with Student Beans in order to receive the student discount. Code cannot be used in conjunction with any other offer or promotional discount. The code is valid on purchases made on our website www.gisellia.com and is not valid on Sale items. Discount is activated when applied at the checkout page code under the discount code section. We have the right to refuse the Student Discount to any person that does not comply with these terms and condition or if found to have registered using fraudulent or incorrect information. We reserve the right to amend or cancel the Student Discount at any time.
- Promotional Codes
Gisellia may offer customer discount or promotional offers from time to time. Using the discount or promotional code means you are agreeing to our terms and conditions. The % or $ discount is subject to change depending on the promotion. Promotional codes used cannot be applied in conjunction with any other offer or discount. The code is valid on purchases made on our website www.gisellia.com and is not valid on Sale items (unless stated otherwise). The discount or offer is activated when applied at the checkout page by placing the code in the discount code box. Codes are case sensitive. You may only redeem one code at a time so please use the promotion that best suits your purchase, We have the right to refuse the use of promotional codes to any person that does not comply with these terms and condition or if found to have registered using fraudulent or incorrect information. We reserve the right to amend or cancel the discount codes at any time.
15% off first order | email sign up
The 15% off Gisellia promotion is advertised on Gisellia email registration. The email containing the code will be sent to the nominated email address, once you have signed up to receive our emails via our website. This offer allows you to use the individual code shown in the registration email to redeem a 15% discount on all full price (non-sale) items on the Gisellia official website www.gisellia.com. The offer is available to new customers only. Purchase necessary. To redeem the discount, you will need to select the items that you wish to purchase on the Website and then proceed to checkout where you will need to enter the code. The code must be used by 23:59pm (GMT) before the expiry date stated in the email. Please note this code may be updated from time to time. You can only use the code once. You cannot use the code and apply the discount in conjunction with any other offer, discount or promotion e.g. student discount. The code cannot be used against sale items and/or against delivery charges. You cannot use the code for any other purpose, other than as set out in these terms and conditions. You cannot transfer or exchange the discount for any purpose, amount, gift, items, money, vouchers or other form of compensation. The Code can only be used once. By using the code you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the code. After the expiry date stated in the email, the discount will no longer be available. We reserve the right to refuse the Discount to any person that does not satisfy these conditions of use. We reserve the right to cancel or amend the Promotion at any stage where we deem it necessary and/or there are circumstances outside our reasonable control which affects or could affect the proper operation of this Promotion e.g. software or network malfunction preventing the use and application of the Code, and only where circumstances make this unavoidable.
- Competitions & Offers
Social Competitions – The closing date and time for any social competitions will be stated in the social post relevant to the competitions. Any entries added after the time stated will not be counted. All prizes are subject to availability, and Gisellia reserves the right to replace the prize with an alternative product of equal or higher value if necessary at the promoters’ discretion. No cash alternative to the prizes will be offered. No purchase necessary. Prize draws and competitions are only open to participants aged 18 years or over. The winner will be selected at random after the closing date from all entries received. The decision is final and no correspondence will be entered into. The winner will be notified by social handle, email or telephone (using the details provided at entry) within 3 weeks of the closing date. Following such notification, the winner will be required to send the Promoter full details of their postal address to which the Prize will be delivered (if applicable). If the Promoter cannot: (i) contact the winner (via the details provided at the date of entry) within a reasonable period of time (to be established at the Promoter’s sole discretion); or (ii) the winner does not return details of its postal address to the Promoter within 7 days of notification that they have won the Prize, the Promoter reserves the right to re-draw a winner of the Promotion and thereafter until a winner on these terms is found. Please allow 28 days for delivery of the Prize. The Promoter accepts no responsibility for the Prize being lost, damaged or delayed in the post. By entering any Gisellia social competitions, you agree to having your name, details and photo published online. The winner agrees to the use of his/her name and image in any publicity material post competition should you be the winner. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Hong Kong data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Entry into the competition will be deemed as acceptance of these terms and conditions. Unless otherwise stated, the promoter is Gisellia, 5-1, Jalan Temenggung 29/9, Bandar Mahkota Cheras, 43200 Kajang, Selangor, Malaysia.
If you have any questions regarding the use of promotional codes, please email [email protected]