TERMS AND CONDITIONS

A. 1. SCOPE

These Terms of Use (“Terms of Use”) apply to you if you are located in the European Union (“European countries”). They form the contractual basis for your use of the services, including all services provided through the website at bokiie.com (the “Website”), any other written, electronic, and oral communication with the company and its affiliates, as well as any other websites, pages, features, or content owned and operated by the company that are linked to these Terms of Use.

A. 2. DEFINITIONS

The terms “Company,” “we,” “us,” or “our” refer to your contracting party, HK DFS Limited, as the owner of the website, apps, and social media accounts and the provider of the services. The “Services” include all services provided through this website at bokiie.com (the “Website”), any other written, electronic, or oral communication with the company and its affiliates, as well as any other websites, pages, features, or content owned by or operated by the company or an affiliate and linked to this policy.

“Agreement” refers to the contract between you and the company based on these Terms of Use.

“Force Majeure” refers to events beyond our reasonable control.

A. 3. AGE REQUIREMENTS AND ACCEPTANCE

(1) To use our services, you must be at least 18 years old.

(2) By accessing or using the services in any way, including but not limited to visiting or browsing the website, downloading a mobile app, registering an account, or submitting content or other materials to the services, you expressly understand, acknowledge, and agree to be bound by these Terms of Use. You are only entitled to use the services if you agree to comply with all applicable laws and these Terms of Use. Additionally, you may read our Privacy Policy at any time to learn more about how the company collects, stores, and protects your personal data when you use the services.

A. 4. UPDATES

(1) We reserve the right to amend the Terms of Use, including the Privacy Policy, under applicable law.

(2) Minor changes that do not affect your rights or cause you undue disadvantage may be made at any time, with or without notice, and will become effective upon publication.

(3) Significant changes, especially due to changes in law, case law, or customary law, or changes in economic conditions, may occur. If you have a user account on the website, we will inform you:

i) by email to the email address provided in your user account at least four weeks before the effective date of the changes and inform you of your right to object, the requirements for form and deadline for the objection, and the consequences of not objecting to the changes;

ii) by posting the amended terms on the website and the app. Additional notifications may be provided at our sole discretion in other forms. You are responsible for keeping your email address up to date. We are not responsible for outdated or incorrect information provided by you.

If you object to the intended changes within the deadline and in the required form, we are entitled to terminate the agreement with you. If you do not object to the changes within six weeks of receipt of the email, the changes will be deemed accepted by you.

A. 5. EVENTS BEYOND OUR CONTROL

We are not liable for the failure to comply or delayed compliance with obligations under the Terms of Use or other contracts when caused by events beyond our reasonable control (“Force Majeure”). Force majeure includes, but is not limited to:

Strikes, lockouts, or other forms of protest.

Civil unrest, riots, invasions, terrorist attacks or threats, war (declared or not), or threats or preparations for war.

Fire, explosions, storms, floods, earthquakes, structural collapses, epidemics, or any other natural disaster.

Inability to use trains, ships, airplanes, motorized transport, or other means of public or private transportation.

Inability to use public or private telecommunications systems.

Actions, decrees, legislation, regulations, or restrictions by governments or authorities.

Strikes, failures, or accidents in sea or river transport, postal transport, or any other form of transport.

It is understood that our obligations under the Terms of Use or other contracts are suspended during the period the force majeure event lasts, and we are granted an extension of time for fulfilling these obligations equal to the period the force majeure situation lasted. We will make all reasonable efforts to resolve the force majeure situation or find a solution that enables us to fulfill our obligations despite the force majeure.

A. 6. LIMITATION OF LIABILITY

(1) Your claims for damages are excluded, except for those arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other damages caused by intentional or grossly negligent breach of duty by the company, its legal representatives, employees, or agents. Essential contractual obligations are those necessary for achieving the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the company is liable only for foreseeable damage typical for the contract if such damage is caused by simple negligence unless the claims for damages are based on injury to life, body, or health.

(3) The limitation of liability also applies to the benefit of the company’s legal representatives, employees, and agents if claims are asserted directly against them.

(4) Mandatory statutory provisions remain unaffected.

A. 7. ASSIGNMENT

You may not assign or transfer the agreement (or your rights or obligations under the agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing is null and void. We may freely assign or transfer the agreement. The agreement benefits and is binding upon the parties and their respective legal representatives, successors, and assigns.

A. 8. ENTIRE AGREEMENT; NO WAIVER

(1) These Terms of Use, together with any legal notices posted on the website or in apps, constitute the entire and exclusive agreement between you and us concerning the use of the website or apps and replace all prior terms, agreements, discussions, and writings related to the subject matter.

(2) Any terms you include in an order, order confirmation, or other documents are expressly excluded.

(3) If any provision of the Terms of Use is found to be unenforceable, this does not affect the validity of the remaining provisions of the Terms of Use, which remain in full force.

(4) A waiver of a term of the Terms of Use does not constitute a further or continued waiver of that term or any other term. Our failure to assert any right or provision under the Terms of Use does not constitute a waiver of that right or provision.

A. 9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the company, its subsidiaries, affiliates, suppliers, licensors, partners, officers, directors, employees, agents, and representatives from any third-party claims and costs (including reasonable attorney fees) arising out of or related to:

(1) your use of the services;
(2) your conduct or interactions with other users of the services;
(3) your breach of these Terms of Use; or
(4) any materials you submit, post, upload, or transmit through the website or app.

We will notify you promptly of such a claim and provide you with reasonable assistance (at your expense) in defending the claim. We reserve the right to assume exclusive defense of any matter subject to indemnification by you, and you agree not to settle any such claim without our prior written consent.

A. 10. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are governed by and interpreted under the laws of Hong Kong. Any disputes, controversies, differences, or claims arising out of or in connection with this agreement, including its existence, validity, interpretation, performance, breach, or termination, or any disputes regarding non-contractual obligations arising from or in connection with this agreement, will be resolved by arbitration administered by the Hong Kong International Arbitration Center (HKIAC) under its rules in effect at the time of the submission of the arbitration notice. The seat of arbitration is Hong Kong.

A. 11. ONLINE DISPUTE RESOLUTION PLATFORM

The European Commission provides an online platform for dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

A. 12. COPYRIGHT INFRINGEMENT

Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on the pages or linked to by the company infringes your copyright, you are encouraged to send an email to kontakt@bokiie.com.

A. 13. BUSINESS TRANSFERS

If the company or substantially all of its assets are acquired, or in the unlikely event that the company or its subsidiaries go bankrupt, user information and ongoing contractual relationships will be among the assets transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of the company may continue to (i) use your personal data as outlined in the agreement and our Privacy Policy and (ii) communicate with you to the extent permitted to the company. For more information, refer to our Privacy Policy.

A. 14. CONTACT

We welcome your questions and comments about our privacy practices or these Terms of Use. You can contact us at any time via email at contact@bokiie.com.

B.1. REPRESENTATIONS

1. By using our services, you agree to the processing of the information and data provided and assure that all information and data given is truthful and accurate.
2. You confirm and guarantee that you are at least 16 years old or are using the services under the supervision of a parent or guardian.
3. Subject to the terms, the company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the services via display in your internet browser, on our website, or on your mobile devices through our apps, solely for the purpose of purchasing personal items sold on the website or in the apps, and not for commercial use or on behalf of a third party unless expressly permitted by us in advance.
4. Any breach of this agreement will result in the immediate revocation of the license granted in this section without notice, and with the consequences outlined in Section B.5.

B.2. RESTRICTIONS ON USE

1. Except as permitted in Section B.1. REPRESENTATIONS above, you may not reproduce, distribute, display, sell, rent, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the services or parts of them unless expressly authorized by us in writing.
2. You are not allowed to use the information provided on the services for commercial purposes or to benefit another business unless we have given express prior permission.
3. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, particularly if we believe that your conduct or that of any other customer violates applicable law or harms our interests.
4. You must not upload, distribute, or otherwise publish any content, information, or other materials through the services that:

• (a) infringe upon copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights or privacy rights of a person;
• (b) are defamatory, threatening, libelous, obscene, indecent, or pornographic, or could result in civil or criminal liability under local or international law;
• (c) include the likeness of other persons without their express consent for the entire duration that it is published in the services;
• (d) include images of children under 16, regardless of whether you are the parent or guardian of the child;
• (e) contain bugs, logic bombs, viruses, worms, trojans, or other malicious or technologically harmful code, materials, or properties.

1. Additionally, you agree not to:

• Use the services for any unlawful purposes or purposes that could violate applicable laws or regulations;
• Engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the services or that, in our judgment, could harm us or other persons who use the services or expose them to liability;
• Use the services in a way that could disable, overburden, damage, or impair the website, apps, or other users’ ability to use the services;
• Use any robots, spiders, or other automated devices, processes, or means to access the services;
• Use the services to distribute unsolicited commercial content or to solicit others for commercial purposes;
• Attempt to interfere with the proper functioning of the services.

1. You warrant and represent that you will not do, or allow others to do, anything that violates the above obligations.

B.3. ACCESS RESTRICTION AND TERMINATION

1. From time to time, we may restrict access to some or all parts of the services, including the ability to upload documents, make payments, or send messages.
2. We may terminate your access to the services at any time at our sole discretion without reason or notice, or if we believe you have violated these terms.

B.4. INTELLECTUAL PROPERTY AND OWNERSHIP

1. Content: The services, including all information and content such as text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively referred to as “Content”) provided as part of the services, belong to the company or those who grant us licenses. You may use the content or parts of it only with our express permission or the licensor’s.
2. BOKIIE Trademarks: The “BOKIIE” brand and other trademarks, service marks, icons, graphics, wordmarks, designs, and logos used and displayed in the services (collectively, the “BOKIIE Trademarks”) are our property. These trademarks are registered in European countries and other countries, with applications pending or registered. You have no rights, titles, or claims to the BOKIIE Trademarks and will not acquire them.
3. Rights Reserved: All rights to and in the content not expressly granted to you are reserved. You agree not to participate in or create derivative works from content unless expressly permitted herein.

B.5. LINKS AND THIRD-PARTY RESOURCES

Our Website and Apps may contain links to third-party websites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third party websites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted by anyone other than us on the Site or our Apps. We strongly advise you to read all third party terms and conditions and privacy policies.

B. 6. TEXT MESSAGING PROGRAM.

(1) Registration. When you sign up for our text messaging program (SMS program), you will be prompted to expressly agree—evidenced by providing your mobile phone number, one or more designated keywords, or a confirming response via SMS/MMS or other text message—as your signature—that you consent to receive recurring automated marketing messages sent to the mobile phone number you provided during registration by us or our service providers. Such consent is not a condition for using our services and can be revoked at any time by using the opt-out mechanism described in subsection B 8(2) or by contacting us in another way.

(2) Opt-Out. You can opt out of receiving SMS/MMS text messages by responding with STOP to any message you receive from our text messaging program or simply sending a text message with the word STOP to the number from which you are currently receiving our text messages. In any case, you will receive an additional message confirming that your request has been processed.

(3) Your Own Mobile Rate Plan. As always, message and data rates may apply for all messages sent to you and from you. If you have questions about your text or data plan, it’s best to contact your mobile provider.

(4) Your Obligations for Your Own Phone Number. You represent that you are the account holder or the usual user of the mobile phone number you provide when registering for our SMS program. If you change or deactivate this number, you are required to notify us immediately. Neither we, nor our providers, nor any mobile provider are liable for delayed or undelivered messages. You agree to indemnify us in full for any claims, expenses, and damages related to or caused in whole or in part by your failure to notify us of a change in your phone number.

(5) Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated marketing messages from us if we believe you are violating these terms. Your receipt of these messages may also be terminated if your mobile service is canceled or expires. We reserve the right to change these messages in whole or in part with or without prior notice or to discontinue them temporarily or permanently.

B. 7. REVIEWS, COMMENTS, AND SUBMISSIONS.

(1) Unless otherwise provided elsewhere in this agreement or in the services, anything you submit or post to the services and/or provide to the website or the apps or us, including but not limited to images, videos, ideas, know-how, techniques, questions, reviews, feedback, comments, reactions, and suggestions (collectively referred to as “Submission(s)”), will be treated as non-confidential and non-proprietary.

(2) By providing, submitting, or posting a Submission, you agree to irrevocably and freely license the Submission and all related IP rights to the Company, and we receive the royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, distribute, display, publish, present, perform, show, demonstrate, sell, rent, transfer, convert, adapt, edit, shorten, delete, translate, arrange, or otherwise alter the Submission and to use and exploit any new products created in the same manner as the original Submission and to make this Submission available to the public in all media without being obliged to do so. All Submissions automatically become our sole and exclusive property and will not be returned to you, and you agree not to raise any disputes concerning any future use of the Submission by us.

(3) You waive any personal or moral rights you may have as an author concerning the Submissions, to the extent that they may interfere with the Company’s uninterrupted use of the Submissions, and you agree not to exercise these rights against the Company or its successors, assignees, successors, (sub)licensees, or any other third parties that lawfully exploit the Submissions. In particular, you agree that your Submissions may be altered in an industry-standard manner. Your right to prohibit Submissions, other impairments, or uses that may jeopardize your legitimate intellectual and personal interests in the Submissions remains unaffected.

(4) You warrant that your Submissions, in whole or in part, are free from infringement of IP rights, disputes, or claims from third parties. We accept no liability for the misuse of copyrights or other rights of third parties by you. You agree to defend and indemnify the Company for any losses caused by the use of the Submissions for any purpose.

(5) In addition to the rights applicable to each Submission, when you post comments or reviews on the website or in the apps, you also grant us the right to use the name you submit with a review, comment, or other content, possibly in connection with that review, comment, or other content.

(6) You represent and warrant that you own or otherwise control all rights to your Submissions and that our use of your Submission does not violate or infringe on the rights of any third party.

(7) You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of Submissions. We reserve the right, but are not obligated, to delete, remove, or edit Submissions (including comments or reviews) for any reason.

(8) Please note that it is prohibited to upload images of individuals under 16 years of age, regardless of whether you are the parent or guardian, or to provide us with images of others without their explicit consent.

B. 8. PRICE AND PAYMENT.

(1) All prices include applicable VAT and all other taxes (if applicable). All prices are exclusive of shipping costs. Shipping costs are always available via the “Shipping Info” link on the website or the apps. They will also be specified individually for your order during the checkout process. The total order cost consists of the price of the ordered products and the shipping costs.

(2) Price changes are possible at any time but do not affect confirmed orders as described in Section B. 2. ORDER PROCESS below.

B. 9. ORDER PROCESS.

(1) Our representation of products on the website or the app constitutes a non-binding offer. Once you have selected an item you wish to purchase, it will be placed in your shopping cart (“Cart”). To process the order and make payment, you must follow the steps of the purchasing process, providing or verifying the information requested in each step. Additionally, during the entire purchasing process, before payment, you can change the details of your order, and you may be prompted to log into your account or register with us, enter a shipping address, select a payment method, and choose a shipping option. A detailed description of the purchasing process can be found on the “Ordering Process” page. If your order triggers a fraud alert in our security system, a confirmation email may be sent to your email address.

(2) You may use the payment methods specified on the local website, which may include Visa, Mastercard, JCB, Diners’ Club, Paypal, Klarna, Afterpay, Discover, Diners Club, and online banking, etc. Depending on the selected method, you will need to enter additional information and may be directed to the payment provider’s website to verify yourself as an authorized user before placing your order. You may also use your wallet balance as explained in our terms of use. By clicking “Authorize Payment,” you confirm that you are the authorized user of the payment method and that it is your credit card. If the payment provider, such as the credit card issuer, does not authorize the payment, we are not liable for delays or non-delivery and may not conclude a contract with you.

(3) After completing the payment process, you can place an order by clicking the “Buy Now” button, thereby making an offer to purchase (all) products in your cart (your “Order”). To minimize the risk of unauthorized access, your credit card details are encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure that sufficient funds are available to complete the transaction.

(4) We will then process your order and send you a message to the email address you provided at checkout, confirming receipt of your order and including the details of your order (“Order Confirmation”). The order confirmation and/or the charge to your credit card or other payment method serves as confirmation that we have received your order.

(5) Our acceptance of your order and the conclusion of the contract between us occurs when we ship the product(s) to you. Your card will be charged at the time of the order unless you have chosen a “Pay Later” service (which is only available in certain countries), in which case your card will be charged at the time of delivery. If you choose online banking, your order includes the direct debit mandate to charge your account.

B. 10. ERRORS.

(1) You will be able to correct errors related to the personal data provided during the purchasing process by contacting us and exercising the right to rectification provided in our privacy policy on the website and apps. The site and apps display confirmation fields in various sections of the purchasing process that do not allow the order to continue if the information in those sections is not provided correctly. Additionally, the website and apps provide details of all items you have placed in the cart during the purchasing process so that you can change your order details before payment.

(2) If you notice an error in your order after completing the payment process, you should immediately contact our customer service to correct the error.

(3) Although we strive to provide accurate product and pricing information, errors in pricing or printing may occur. We can only confirm the price of an item after your order is placed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right, at our sole discretion, to refuse or cancel any orders for that item. If an item is incorrectly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.

B. 11. SAME-DAY PURCHASE LIMITATIONS.

For customers in the European Economic Area, customs duties may apply if a purchase exceeds 150 euros in a single day.

B. 12. CUSTOMS.

In accordance with customs regulations, you must provide valid and accurate data. All recipient names, addresses, and payer names should be valid. Certain countries require the recipient to present their ID or passport to release the package or for payment verification purposes. It is your sole responsibility to ensure that the information you provide us is complete and correct. If information is missing or incorrect and prevents shipping or delivery or customs clearance, we are not responsible and will not provide compensation in such cases. You hereby authorize the company and its affiliates to make, amend, and invalidate all declarations and documents necessary or useful for the importation of the goods you ordered on your behalf and at your expense. This power of attorney includes the authority to make and receive deliveries, request refunds for duties, taxes, and fees related to the importation of goods, pursue administrative remedies and legal proceedings, and remedies in all instances, submit applications, complaints, etc., to authorities, courts, and other institutions, file remedies and appeals against judgments, orders, arbitral awards, payment orders, or other dispositions and decisions of any kind, withdraw and/or waive them, and receive funds, valuables, and documents and/or papers. It also includes the right to appoint customs agents in your name and on your behalf and grant sub-powers of attorney to customs agents and/or other representatives involved in the handling of matters related to the importation of goods and compliance with import regulations. As the importer, you are responsible for complying with all laws and regulations in your country.

B. 13. COLORS.

We have made every effort to display the colors of our products on the website and apps as accurately as possible. However, since the actual colors you see depend on your monitor, we cannot guarantee that your monitor will display every color accurately.

B. 14. PACKAGING.

Unless otherwise specified, we will only adhere to the minimum packaging standards for the chosen method of transport. The costs for any special packaging, loading, or strapping you request will be your responsibility.

B. 15. SHIPPING AND DELIVERY.

We ship from various warehouses in different countries. For orders with more than one item, we may, at our discretion, split your order into multiple packages, depending on stock availability. We strive to deliver orders as quickly as possible. However, during times of high demand, delivery may sometimes take longer. The estimated delivery time is within 15 days; however, for deliveries from countries outside Europe, it may take longer, depending on the information provided during the ordering process. If you have not received your delivery within 15 business days, please contact us at contact@bokiie.com.

B. 16. TITLE AND RISK OF LOSS.

Unless otherwise agreed, shipping will be to the delivery address you specified. Title and risk of damage or loss of products pass to you upon delivery of your order to the international carrier for delivery to your country. We recommend that you obtain shipping insurance (insurance) if available on the website to ensure you are compensated if your order is lost or damaged during shipping.

B. 17. WARRANTY AND RETURNS OF PRODUCTS.

(1) If you are a consumer residing in European countries, you may have statutory warranty rights. Notwithstanding such statutory warranty rights or your possible right of withdrawal pursuant to Section B. 11, items with quality issues may be exchanged under this provision (“voluntary return policy”). You can return your order within 14 days of receiving the package by informing us at contact@bokiie.com. Depending on your preference, we will either exchange the product or refund your purchase price and shipping costs. The refund will be made to the original payment method. The following items cannot be returned or exchanged under our voluntary return policy: bodysuits, lingerie, nightwear, swimwear, jewelry, and accessories (except for scarves, bags, and mermaid blankets). (2) To exercise your statutory warranty rights or to make use of our voluntary return policy, you must inform us by contacting our customer service at contact@bokiie.com.

B. 18. RIGHT OF WITHDRAWAL.

In addition to your right under our voluntary return policy, you as a consumer residing in a European country have the following statutory right of withdrawal.

The statutory right of withdrawal does not exist or ceases to exist for contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons (e.g., bodysuits, lingerie, nightwear, swimwear) and that have been unsealed after delivery.

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without providing any reason.

The withdrawal period expires after 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us through our customer service at contact@bokiie.com with a clear statement of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this, but it is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and in any case no later than 14 days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same payment method you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return the products without undue delay and in any case no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you return the goods before the 14-day period has expired. You will bear the costs of returning the products.

You will only be liable for any diminished value of the goods if this diminished value is due to handling them in a way that is not necessary to ascertain the nature, characteristics, and functioning of the goods.