Legal Area

TERMS AND CONDITIONS OF USE

Welcome to www.poupettestbarth.com (“our Site”). These Terms and Conditions of Use govern the access to and use of our Site. By accessing to and using our Site as well as the purchase of products on our Site, you are deemed to have fully read, understood and accept these Terms and Conditions of Use.  You should read these Terms and Conditions of Use carefully before making any further use of our Site.  Our Site is managed and maintained by PSBC LIMITED, with registered offices Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong ("PSBC LIMITED").

If you need further information or assistance, go to the Customer Care section of our Site, where you will find information on ordering or purchase of products, shipment, refunds and return of products purchased on our Site, tips and other general information on the services provided by our Site.  You should read them carefully before making use of our Site to make any purchase.

For any other legal information, go to the sections: Terms and Conditions of Sale, Terms and Conditions of Return and Privacy Policy on our Site. You should read them carefully before making any further use of our Site.  Please do not use our Site if otherwise.  You are wholly responsible for the use of our Site by any person using your computer, and you must ensure that any such person complies with these Terms and Conditions of Use. PSBC LIMITED may at any time at its discretion amend, modify, supplement or update all or any part of these Terms and Conditions of Use without prior notice. Any amendments, modifications, supplements or updates of these Terms and Conditions of Use shall be posted on the Home Page of our Site as soon as such amendments, modifications, supplements or updates have been made and they shall be binding as soon as they are published on our Site. Therefore, you should regularly access our Site in order to read the most recent and up-to-date version of these Terms and Conditions of Use of our Site prior to browsing our Site. If you do not agree to all or part of these Terms and Conditions of Use, please do not use our Site.

The access to and use of our Site, including display of web pages, communication with PSBC LIMITED, downloading product information and making purchases on our Site, are carried out by our users exclusively for private use and personal purposes, which should in no way be connected to any trade, business or professional activities.  The contents of our Site shall not be used or reproduced whether in whole or in part for any other purposes or for any direct commercial gain.  Remember that you will be liable for your use of our Site and its contents. PSBC LIMITED shall not be considered liable for any use of our Site and its contents made by its users that is not in compliance with any applicable laws and regulations in force, save and except to the content that it is caused by the gross negligence on the part of PSBC LIMITED.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (unless prior consent and instructions from such third parties has been obtained), as well as for any improper use of such data or information.

1. PERSONAL INFORMATION COLLECTION STATEMENT

  • 1.1 PSBC LIMITED and its group companies (for a list you may contact Customer Service on our Site) (if the context so permits collectively or individually referred to as “we” or “us” or “our”) will use your personal data for the purpose of providing the services you subscribed, credit checking, facilitating your use of our Site, keeping you informed of our latest news and offers, administration, assessment and analysis, marketing , analysing your purchase preferences, improving our services and any other legitimate purposes as may be specified in the Privacy Policy on our Site. We may also disclose your information to our service providers and agents for these purposes, as well as to other parties as specified in our Privacy Policy.  It will be conducted in accordance with the applicable laws.
  • 1.2 Please read the Privacy Policy carefully. The Privacy Policy applies when you visit or surf our Site with or without purchasing any product. By using our Site you are deemed to have accepted our terms and practices as described in the Privacy Policy.  If you do not accept the terms or practices as described in the Privacy Policy, please do not use our Site.
  • 1.3 We realize the importance of your privacy. We will not collect or use your personal data unless you provide the same to us voluntarily. However, if you choose not to provide your personal data to us or do not consent to our use of your personal data for the purposes set out in the Privacy Policy, you may not be able to purchase or receive the product or service you wish to order on our Site or otherwise register on or use our Site. 
  • 1.4 We would like to share your information with organizations who are our business partners. We and/or they may contact you by email, mail or SMS text message about products, services, business promotions or other marketing information which may be of interest to you.  If you would like to be so contacted, please tick the box indicated below.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, all contents and materials included on our Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software and all the intellectual property rights therein (collectively, “the Site Content”), are the property of Poupette St Barth and PSBC LIMITED and are protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Site Content without the prior express written consent of Poupette St Barth and PSBC LIMITED.

Poupette St Barth and PSBC LIMITED shall jointly and severally have the exclusive right to authorize or prohibit any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Site Content. Poupette St Barth and PSBC LIMITED shall jointly and severally have the right, at any time, to claim the authorship of any Site Content posted on our Site and to object to any use, distortion or other modification of the Site Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Site Content expressly authorized in writing by Poupette St Barth and/or PSBC LIMITED shall only be carried out for lawful purposes and strictly within the ambit of such authorization only and in compliance with all applicable laws.

3. LINKS TO OTHER WEBSITES

If our Site is linked to or provides hyperlinks to other websites of third parties (the external web sites), your access to and use of the external websites will be at your own risk and subject to the terms and conditions of such external websites, to which PSBC LIMITED is in no way responsible. By providing hyperlinks to the external websites, it does not mean PSBC LIMITED recommends, endorses or in any way connected with the contents of the external websites or any goods or services offered, sold or provided thereon. PSBC LIMITED is not a party to any contractual agreement or arrangement made between you and the providers/operators of the external websites, unless PSBC LIMITED has expressly specified in our Site.  PSBC LIMITED disclaims all liability for any direct, indirect or consequential loss or damage incurred by your use of any external websites or by any reliance placed by you on any information posted on any external websites. PSBC LIMITED does not control or monitor the external websites or their contents.  Please therefore pay attention when you access these external websites through the links provided on our Site and carefully read their terms and conditions including but not limited to their terms and conditions of use and their privacy policies.

4. LINKS TO OUR SITE

Please contact PSBC LIMITED at the Customer Care section on our Site if you are interested in linking the Home page of our Site and other web pages which can be publicly accessible. You are requested to contact PSBC LIMITED to request for its prior written consent to linking our Site. PSBC LIMITED has the absolute and unfettered discretion to grant links to our Site upon such terms as PSBC LIMITED may consider appropriate. Without prejudice to the generality of the aforesaid, PSBC LIMITED is entitled at any time to object to any links or the continuation of any links to our Site in the event that the party who intends to activate links to our Site has in the past adopted, or shall adopt, unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made or shall make unfair competition activities vis-à-vis PSBC LIMITED, its group companies or its business partners, or when PSBC LIMITED believes it is likely that such unacceptable practices or such unfair activities would be adopted by such party in the future. In any event, it is forbidden to post deep links (such as deep frames) to our Site or to use unauthorized meta-tags without PSBC LIMITED prior written consent.

5. DISCLAIMERS AND CONTENT

PSBC LIMITED does not warrant that the contents of our Site are appropriate or lawful in countries or jurisdictions outside Hong Kong. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries or jurisdictions, please do not access or use our Site and, where you nonetheless choose to access or use it, we hereby inform you that your access to and/or use of the services provided by our Site shall be entirely at your exclusive and personal responsibility. While PSBC LIMITED will take steps to ensure that the contents and information contained in or appearing on our Site are accurate and up-to-date, no representation or warranty whatsoever is given as to their accuracy, completeness or timeliness. PSBC LIMITED expressly reserves the absolute right to change, correct, update or supplement the contents (or any part thereof) and/or any information contained in or appearing on our Site at any time without prior notice. Due to the nature of the Internet, the use of our Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. PSBC LIMITED shall not be liable for any interruption or malfunction in communication facilities that may affect the accuracy or timeliness of messages or transactions that you send via our Site.   PSBC LIMITED further has the right at any time to stop or suspend access to or use of our Site for maintenance, security or technical reason, or for compliance with any laws or regulations or orders of any competent court or authority, or for any other suspicious circumstances relating to the use of our Site.  PSBC LIMITED shall not in any way be liable for any unavailability of our Site due to any of such reasons at any time for any period.  In the event you encounter any problem in using our Site, please contact PSBC LIMITED at the Customer Care section on our Site. PSBC LIMITED representative will be at your disposal to try to assist and help you to restore your access to our Site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. In addition, PSBC LIMITED does not represent or warrant that no virus or other contaminating or destructive or otherwise inappropriate properties will be transmitted, or that no damage will occur to your computer system.  PSBC LIMITED also does not represent or warrant the accuracy, performance, functionality and security of any third party software which may be used in connection with our Site.  While PSBC LIMITED has adopted technical and organizational security measures to protect services on our Site, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our Site, and to avoid unauthorized or unlawful access to such data and information, you should take appropriate steps to and be responsible for adequate protection and back up of data of your computer and other equipment and to adopt appropriate precautions to scan and protect your computer from computer viruses and other contaminating or destructive or otherwise inappropriate properties.  You should also keep your personal information and data properly secured from unauthorized use, to enure that no third party may use your personal information and data to access or use our Site or to effect or vary any transaction on our Site.

6. OUR BUSINESS POLICY

PSBC LIMITED has adopted a business policy; its mission consists of selling products through our Site to "consumer" only. "Consumer" shall mean any natural person who does not make the purchase of products in the course of a business, nor for the purpose of any trade or professional activities. If you are not a consumer, please do not use our Site for purchasing products. PSBC LIMITED shall be entitled at its absolute and unfettered discretion and at any time to object to, withhold, suspend or cease the processing or further processing of purchase orders from persons other than consumers, or to any other purchase order which does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.

7. OTHER GENERAL MATTERS

  • 7.1 You are not entitled to assign any of your rights and obligations under any contract you made with PSBC LIMITED on our Site without the prior written consent of PSBC LIMITED. PSBC LIMITED may assign any of its rights or obligations to any other party at any time.
  • 7.2 These Terms and Conditions of Use shall be binding upon and enure to the benefits of your personal representatives, estate, successors in title or permitted assigns, and also to the successors in title and assigns of PSBC LIMITED.
  • 7.3 Save as otherwise expressly provided in these Terms and Conditions of Use or other terms and conditions on our Site and to the extent that may be so expressly provided therein, the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong shall not apply to any contract made between you and PSBC LIMITED for the purchase of any products on our Site.

8. GOVERNING LAW

These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of Hong Kong and the Hong Kong Courts shall have non-exclusive jurisdiction to settle or determine any dispute or claim (including non-contractual disputes or claims) arising out of and in connection with these Terms and Conditions of Use or the use of our Site or any sale and purchase transactions effected by the use of our Site.

9. AMENDMENTS AND UPDATED

These Terms and Conditions of Use may be amended, modified or supplemented from time to time by PSBC LIMITED without any prior notice.  Unless otherwise specified, the amended, modified or supplemental Terms and Conditions of Use shall be effective as of the date of publication on our Site.

TERMS AND CONDITIONS OF SALE

The following Terms and Conditions of Sale govern the offer and sale of products on "www.poupettestbarth.com" (“our Site”). You should read these Terms and Conditions of Sale carefully before making any purchase on our Site. The products purchased on our Site are directly sold by PSBC LIMITED, with registered offices Unit C 8/F King Palace Plaza N°55 King Yip St Kwun Tong Hong Kong (“PSBC LIMITED”). Requests for information should be made by contacting PSBC LIMITED at the Customer Care section on our Site. For additional legal information go to the Customer Care section on our Site. There you can find information on orders, shipments, refunds and returning products purchased on our Site. For any other legal information, go to the sections: Terms and Conditions of Use, Privacy Policy and Terms and Conditions of Return on our Site.

1. OUR BUSINESS POLICY

  • 1.1 The products for sale on our Site and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers"
  • 1.2 "Consumer" shall mean any natural person who does not make the purchase of products in the course of a business, nor for the purpose of any trade or professional activities. If you are not a Consumer, please do not buy any products on our Site.
  • 1.3 PSBC LIMITED reserves the right not to process orders received from users who are not "Consumers", and any other order which does not comply with this business policy.
  • 1.4 These Terms and Conditions of Sale exclusively regulate the transmission and acceptance of purchase orders relating to products on our Site between the users of our Site and PSBC LIMITED. All purchases to be made on our Site are governed by these Terms and Conditions of Sale.
  • 1.5 These Terms and Conditions of Sale however do not regulate the supply of services or the sale of products performed by third parties that are on our through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, PSBC LIMITED recommends that you should carefully the third party's terms and conditions to ensure that you understand and accept them, since PSBC LIMITED is not in any way connected with and shall not be liable under any circumstances for the sale of products or supply of services provided by third parties, or for the execution of e-commerce transactions between the users of our Site and third parties.

2. HOW TO EXECUTE A CONTRACT WITH PSBC LIMITED

  • 2.1 In order to place an order for the purchase of one or more products on our Site, you must add the selected items to “MY CART” in which information of all the products you have selected to purchase will be shown like each product’s name, size, prints, fabric, price and quantity, as well as other information like the sub-total, delivery fee payable (if any), the discount code (if applicable) and the final total. You must read and check carefully to ensure that they are all correct. It is your sole responsibility to check and ensure that your order (including all the aforesaid information) is correct. After checking and if you confirm the correctness thereof, you may click “CHECK OUT” and proceed to select the payment method and provide the shipment details, following the relevant instructions contained therein. Please note that all purchases of our products online through the use of our Site are not applicable to Hong Kong, as PSBC LIMITED does not ship or sell any product to Hong Kong.  If you are making a purchase from Hong Kong or requiring the products that you wish to purchase to be shipped to Hong Kong, please do not use our Site.
  • 2.2 An order shall be deemed to have been submitted after you complete all the payment and shipment information required therein and click “PAY NOW”.
  • 2.3 Receipt of your order will be confirmed by email to your email address as provided in your order (“your designated email address”) setting out the order number, your order summary and your information. If you do not receive this order confirmation, it means that your order may not have been received by PSBC LIMITED or some problems may have arisen in payment or the information you provided.  You may contact NAME at the Customer Care section on our Site if you do not receive our order confirmation.
  • 2.4 Please note that our order confirmation is only a confirmation that your order has been received by PSBC LIMITED. It does not constitute acceptance of your order by PSBC LIMITED.  PSBC LIMITED expressly serves the absolute right at any time after receipt of your order to either accept or reject your order for whatever reason as PSBC LIMITED may see fit.  If your order is rejected, you will be notified as soon as practicable and in any case not exceeding thirty (30) days from the date of the order confirmation given by PSBC LIMITED through your designated email address, with or without any reason given.  Once your order is rejected, PSBC LIMITED shall not be obliged to further process or fulfil your order, and if any payment has already made by you for the order, it will be refunded to you within thirty (30) days after the notice of rejection is given to you.  If you do not receive any notice from PSBC LIMITED that your order is rejected within thirty (30) days after you receive the order confirmation from PSBC LIMITED, then your order will be deemed to have been accepted by PSBC LIMITED, subject to other provisions of these Terms and Conditions of Sale.
  • 2.5 Without prejudice to the generality of paragraph 2.4 above, please note that the products sold on our Site will be subject to availability. If any product which you ordered is no longer available, you will be notified by PSBC LIMITED as soon as practicable through you designated email address and, in such case, PSBC LIMITED shall no longer be obliged to further process or fulfil your order for such product, and if any payment has already made by you for the order, it will be refunded to you within thirty (30) days after the notice from PSBC LIMITED that such product is not available is given.
  • 2.6 By submitting an order through our Site, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale as well as all the other terms and conditions as are contained on our Site, including also but not limited to the Terms and Conditions of Use, Terms and conditions of Return and Privacy Policy. Should you not agree with any of such terms and conditions, please do not submit your order for the purchase of products on our Site.

3. PRODUCTS’ TRADEMARK AND STANDARD

  • 3.1 Only products marked with the PSBC LIMITED trademark will be offered on our Site.
  • 3.2 PSBC LIMITED does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
  • 3.3 The main characteristics of products are shown on our Site on each product page. The products as shown on our Site may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.
  • 3.4 All products shall come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.
  • 3.5 Should you decide to exercise your right to return purchased products, PSBC LIMITED expressly reserves the right not to accept returned products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.
4. PAYMENTS
  • 4.1 Payment of the product prices and relevant shipping costs must be made by using PayPal, Apple Pay or credit or debit card. You should fill in the requisite information when you complete the “CHECK OUT” procedures on our Site.
  • 4.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol, without third parties having any access thereto whatsoever. Such details will not be used by the PSBC LIMITED except for performing the procedure relevant to your purchase or issuing refunds in the case of rejection of your order or for returns in compliance with the exercise of your return right or for reporting cases of fraud or illegal activities or suspected fraud or suspected illegal activities to the relevant authorities. The price for the purchase of products and the corresponding shipping costs, as indicated in the order you submitted on our Site, will be charged to your account only when the purchased products are actually shipped.

5. CUSTOMS AND DUTIES

  • 5.1 Neither the prices of the products nor the shipping charges you pay us (if any) include customs fees, import taxes, brokerage fees or duties. Normally, PSBC LIMITED will pay for the customs fees (like taxes, duties, processing fees, brokerage fees etc.) (“the customs fees”).
  • 5.2 However, it is possible that for certain destination countries, upon arrival, the contents of your order may be subject to customs fees for which the recipient of the order is responsible. PSBC LIMITED will refund to you the customs fees incurred and paid by you on your order after you have taken delivery of the products ordered and upon your production of such supporting documents like custom receipts, custom brokerage receipts and/or such other documents as PSBC LIMITED may require or specify for verification.The customs fees for your order depend on the destination country. If custom fees apply in your country and PSBC LIMITED is able to calculate these fees for you, they will be added to the total before you complete your order but it will be refunded to you upon your production of the supporting documents as aforesaid. For countries where custom fees apply but PSBC LIMITED cannot calculate them, the total amount calculated by the “CHECK OUT” procedures on our Site will not include the custom fees, and you will be required to pay them to the courier upon delivery, but it will be refunded to you upon your production of the supporting documents as aforesaid. For this reason we recommend that you refer to the relevant local customs office for more details about the applicable custom fees of your country or the country of delivery before placing an order.
  • 5.3 Should you refuse to take delivery of the products you ordered or should you refuse to pay the custom fees when the products you ordered arrive, the shipment will be returned to PSBC LIMITED who will then be charged the custom fees to import in the country of origin. If you take delivery of the products you ordered and pay the custom fees upon delivery, we will refund to you this amount.
  • 5.4 Customs processing may delay the delivery of your order. Should you experience such delays please check with your local Customs offices. The invoice for the custom fees may arrive weeks after you take delivery of the products you ordered, separately from the same.

6. SHIPPING AND DELIVERY OF THE PRODUCTS

  • 6.1 When the products you ordered are shipped, you will receive a notification through your designated email address together with a tracking link to enable you to track the shipment.
  • 6.2 After the products you ordered are delivered, an email will be sent to your designated email address confirming the delivery and the products delivered.
  • 6.3 For specific product shipping and delivery procedures go to the Customer Care section on our Site. Please read the provisions there carefully, as they will form an integral part of these Terms and Conditions of Sale. They shall be deemed to have been fully read and accepted by you at the time your order is sent on our Site.

7. CUSTOMER CARE

Please contact the Customer Care section on our Site for further information.

8. RETURN OF PRODUCTS AND REFUND PROCEDURES

Return of products you ordered may be made within thirty (30) days from the delivery date. For further information on return of products, please see the Terms and Conditions of Return on our Site, which shall form an integral part of these Terms and Conditions of Sale.  They shall be deemed to have been read and accepted by you at the time your order is sent. Please therefore read them carefully before you make you purchase and send PSBC LIMITED your order. Return of products can only be made in compliance with the requirements and procedures as set out therein.

9. PERSONAL INFORMATION COLLECTION STATEMENT

  • 9.1 PSBC LIMITED and its group companies (for a list you may contact Customer Service on our Site) (if the context so permits collectively or individually referred to as “we” or “us” or “our”) will use your personal data for the purpose of providing the services you subscribed, credit checking, facilitating your use of our Site, keeping you informed of our latest news and offers, administration, assessment and analysis, marketing , analysing your purchase preferences, improving our services and any other legitimate purposes as may be specified in the Privacy Policy on our Site.  We may also disclose your information to our service providers and agents for these purposes, as well as to other parties as specified in our Privacy Policy.  It will be conducted in accordance with the applicable laws.
  • 9.2 Please read the Privacy Policy carefully.  The Privacy Policy applies when you visit or surf our Site with or without purchasing any product.  By using our Site you are deemed to have accepted our terms and practices as described in the Privacy Policy.  If you do not accept the terms or practices as described in the Privacy Policy, please do not use our Site.
  • 9.3 We realize the importance of your privacy.  We will not collect or use your personal data unless you provide the same to us voluntarily.  However, if you choose not to provide your personal data to us or do not consent to our use of your personal data for the purposes set out in the Privacy Policy, you may not be able to purchase or receive the product or service you wish to order on our Site or otherwise register on or use our Site.
  • 9.4 We would like to share your information with organizations who are our business partners.  We and/or they may contact you by email, mail or SMS text message about products, services, business promotions or other marketing information which may be of interest to you.  If you would like to be so contacted, please tick the box indicated below. 

10. FORCE MAJEURE

Any failure or delay in the performance of any order placed by you caused by a force majeure event, including but not limited to acts of God, blackouts, power failures, fire, explosions, floods, hurricanes, typhoons, earthquakes, tsunami, strikes, labour or materials shortages, accidents, acts of sabotage, riots, wars, demonstrations, civil or social unrest or disturbances, acts of terrorism, COVID-19 or other health and safety restrictions or measures or other causes beyond the reasonable control of the parties shall not constitute a breach of the contract.

11. OTHER GENERAL MATTERS

  • 11.1 You are not entitled to assign any of your rights and obligations under any contract you made with PSBC LIMITED on our Site without the prior written consent of PSBC LIMITED. PSBC LIMITED may assign any of its rights or obligations to any other party at any time.
  • 11.2 These Terms and Conditions of Sale shall be binding upon and enure to the benefits of your personal representatives, estate, successors in title or permitted assigns, and also to the successors in title and assigns of PSBC LIMITED.
  • 11.3 Save as otherwise expressly provided in these Terms and Conditions of Sale or other terms and conditions on our Site and to the extent that may be so expressly provided therein, the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong shall not apply to any contract made between you and PSBC LIMITED for the purchase of any products on our Site.

12. GOVERNING LAW

These Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of Hong Kong and the Hong Kong Courts shall have non-exclusive jurisdiction to determine or settle any dispute or claim (including non-contractual disputes or claims) arising out of and in connection with these Terms and Conditions of Sale or the use of our Site or any sale and purchase transactions effected by the use of our Site.

13. AMENDMENTS AND UPDATES

These Terms and Conditions of Sale may be amended, modified or supplemented from time to time by PSBC LIMITED without prior notice. The amended, modified or supplemental Terms and Conditions of Sale shall be effective as of the date of publication on our Site.

14. PROMOTIONAL EVENTS (FINAL SALE) POLICY

14.1 Products purchased during promotional events, including but not limited to Black Friday, outlet sales, last chance operations, and general sales, are considered final sale.

14.2 The "final sale" designation means that these products cannot be returned or exchanged, except in cases where the product is received in a damaged or defective condition. In such cases, the customer must follow the procedures outlined in the Terms and Conditions of Return on our Site.

14.3 PSBC LIMITED does not accept returns or exchanges for reasons such as change of mind, dislike of the product, or incorrect size selection for purchases made during promotional events.

14.4 It is the customer's responsibility to carefully review product details, sizing information, and any other relevant information before making a purchase during promotional events.

14.5 The promotional events final sale policy is in addition to the standard Terms and Conditions of Sale and will prevail during the respective promotional periods.

14.6 PSBC LIMITED reserves the right to modify or update the promotional events final sale policy. Any changes will be communicated on our Site.

TERMS AND CONDITIONS OF RETURN

PSBC LIMITED aims to guarantee your full satisfaction of its services and products. If, for any reason whatsoever, you are not satisfied with the products you ordered, then subject to these Terms and Conditions of Return and your compliance with the Terms and Conditions of Sale and the Terms and Conditions of Use on www.poupettestbarth.com (“our Site”), you may exercise your right to return the purchased products within thirty days (30) days from the delivery date.  The delivery date is the date when delivery is taken of the products you ordered.  To exercise your choice of return, you may scan the QR code printed inside the package of the products delivered or to visit the Returns Centre at the Customer Care section on our Site.  After sending your return request, you will receive an email at the email address you provided (“your designated email address”) with your return label and the return instructions. Returned items must be shipped back to PSBC LIMITED within thirty (30) days from the date of the aforesaid email from PSBC LIMITED. The products may be returned by dispatching the package through the carrier identified in your return label, or by a shipping agent of your choice.

EXCEPTION: Please note that PSBC LIMITED exceptionally does not accept return of any product which is sold by PSBC LIMITED at a discount during the sale period. The only permissible returns of products sold at a discount during sale period will be faulty items.

1. PRE-CONDITIONS FOR RETURN

  • 1.1  You must follow and satisfy the following pre-conditions for return:
    • 1.1.1   The right to return products shall be exercised by scanning the QR Code printed inside the package of the products delivered or visiting the Returns Center at the Customer Care section on our Site and to fill in all the required information there and then click “Find Your Order”.  This must be done within thirty (30) days from the delivery date. You will receive an email through your designated email address with your return label and the return instructions.  Please read carefully and follow all those instructions.
    • 1.1.2   The products must not be used, worn, washed, modified or damaged;
    • 1.1.3  The products are returned in their original packaging and the identification tag is still attached to the products with the disposable seal;
    • 1.1.4   PSBC LIMITED must receive the returned products within thirty (30) days from the date of the email from PSBC LIMITED sending you the return label.
  • 1.2 If your request for return is not accepted because of non-compliance with these Terms and Conditions of Return, you will be notified by email sent to your designated email account.  In such event, no refund will be allowed.  You shall then contact PSBC LIMITED at the Customer Care section on our Site to notify PSBC LIMITED whether you choose to have the products delivered back to you or you do not want to receive the product.  If you choose to have the product delivered back to you, the delivery will be entirely at your own costs and expenses.  You will be required to pay the delivery costs and expenses before the product is delivered back to you.  Delivery will be made to the same address for delivery as provided in the original order for purchase.  If you choose not to receive the product, then it will be treated as abandoned by you and PSBC LIMITED will be fully entitled to retain or otherwise dispose of the same in such manner as it may in its absolute discretion think fit without any liability or further obligation whatsoever.  If you shall fail to notify PSBC LIMITED as to how you wish PSBC LIMITED to deal with the product as aforesaid within thirty (30) days after notice is given to you that your request for return is not accepted, then you will be deemed to have chosen not to receive the product and PSBC LIMITED will then be freely entitled to deal with it in such way as PSBC LIMITED may think fit as aforesaid.

2. RETURN SHIPPING

  • 2.1 If you return the product from the USA or E.U, your return is free of charge.  You shall strictly follow the instructions set out in the email sending the return label to you. In the event that you decide to choose your own shipping service to return the product other than the one sets out in the instructions, the return shipping will be at your own costs and expense.
  • 2.2 If the product is not returned from the USA or E.U, you can ship the returned product to PSBC LIMITED with a shipping service of your choice and the return shipping will be at your own costs and expenses.
  • 2.3 All such documentation should be in English so it can be used both by the relevant authorities of the country you are shipping from  and the place of destination of the return. We recommend that you consult with local authorities and/or your selected shipping service to ensure that the documentation is sufficient. PSBC LIMITED cannot be held responsible for parcels that are detained at customs because of want of or insufficient documentation.
  • 2.4 PSBC LIMITED highly recommends that you choose a shipping service that permits you to trace the delivery at any time. Be sure that the type of shipping you choose guarantees the delivery of the parcel within the time frame of thirty (30) days from the delivery date.

3. REFUND PROCESS

  • 3.1 After PSBC LIMITED has received the returned products, PSBC LIMITED will check the conformity of the products with the conditions indicated above. When PSBC LIMITED is able to confirm that all such conditions have been met, refund will be arranged.
  • 3.2 Please note that  the custom fees you have paid for the delivery of the purchased products shall be refunded. For more information please contact PSBC LIMITED through the Customer Care section on our Site.
  • 3.3 The time period for refunding the amount you paid for purchasing the returned products depends on the form of payment used. In the case of purchase by credit or debit card, the refund time will depend on the card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss.  Refund will be made to the same credit or debit card account which was used to make the purchase.  For payment by PayPal or Apple Pay, refund will also be made to the same account which was used to make the purchase.
  • 3.4 All refunds will be made in the same currency as the original purchase.
  • 3.5 After refund is made an email will be sent to your designated email account as confirmation.
  • 3.6 Instead of receiving cash refund, you may select to receive the refund by way of exchange for another product of equivalent or greater value.  If the other product is of greater value than the returned product, you will be required to pay the difference in value.  Partial refund or partial exchange or exchange for product which value is lesser than the value of the returned product will not be allowed.  Please contact PSBC LIMITED at the Customer Care section on our Site for necessary arrangement.

4. DISPOSABLE SEAL

All products sold by PSBC LIMITED include an identification tag with a disposable seal. Please do not remove or damage the tag and seal if you intend to return the products. Returned products without the tag or seal remaining intact will not be accepted.

5. PERSONAL INFORMATION COLLECTION STATEMENT

  • 5.1 PSBC LIMITED and its group companies (for a list you may contact Customer Service on our Site) (if the context so permits collectively or individually referred to as “we” or “us” or “our”) will use your personal data for the purpose of providing the services you subscribed, credit checking, facilitating your use of our Site, keeping you informed of our latest news and offers, administration, assessment and analysis, marketing , analysing your purchase preferences, improving our services and any other legitimate purposes as may be specified in the Privacy Policy on our Site.  We may also disclose your information to our service providers and agents for these purposes, as well as to other parties as specified in our Privacy Policy.  It will be conducted in accordance with the applicable laws.
  • 5.2 Please read the Privacy Policy carefully.  The Privacy Policy applies when you visit or surf our Site with or without purchasing any product.  By using our Site you are deemed to have accepted our terms and practices as described in the Privacy Policy.  If you do not accept the terms or practices as described in the Privacy Policy, please do not use our Site.
  • 5.3 We realize the importance of your privacy.  We will not collect or use your personal data unless you provide the same to us voluntarily.  However, if you choose not to provide your personal data to us or do not consent to our use of your personal data for the purposes set out in the Privacy Policy, you may not be able to purchase or receive the product or service you wish to order on our Site or otherwise register on or use our Site.
  • 5.4 We would like to share your information with organizations who are our business partners.  We and/or they may contact you by email, mail or SMS text message about products, services, business promotions or other marketing information which may be of interest to you.  If you would like to be so contacted, please tick the box indicated below. 

6. FORCE MAJEURE

Any failure or delay in the handling the return procedures and/or the refund in respect of products returned by you caused by a force majeure event, including but not limited to acts of God, blackouts, power failures, fire, explosions, floods, hurricanes, typhoons, earthquakes, tsunami, strikes, labour or materials shortages, accidents, acts of sabotage, riots, wars, demonstrations, civil or social unrest or disturbances, acts of terrorism, COVID-19 or other health and safety restrictions or measures or other causes beyond the reasonable control of the parties shall not constitute a breach of the contract.

7. OTHER GENERAL MATTERS

  • 7.1 You are not entitled to assign any of your rights and obligations under any contract you made with PSBC LIMITED on our Site without the prior written consent of PSBC LIMITED.  PSBC LIMITED may assign any of its rights or obligations to any other party at any time
  • 7.2 These Terms and Conditions of Return shall be binding upon and enure to the benefits of your personal representatives, estate, successors in title or permitted assigns, and also to the successors in title and assigns of PSBC LIMITED.
  • 7.3 Save as otherwise expressly provided in these Terms and Conditions of Return or other terms and conditions on our Site and to the extent that may be so expressly provided therein, the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong shall not apply to any contract made between you and PSBC LIMITED for the purchase of any products on our Site.

8. GOVERNING LAW

These Terms and Conditions of Return are governed by and shall be construed in accordance with the laws of Hong Kong, and the Hong Kong Courts shall have non-exclusive jurisdiction to settle or determine any dispute or claim (including non-contractual disputes and claims) arising out of and in connection with these Terms and Conditions of Return or the use of our Site or any sale and purchase transaction effected by the use of our Site.

9. AMENDMENTS AND UPDATES

These Terms and Conditions of Return may be amended, modified or supplemented from time to time by PSBC LIMITED without any prior notice. The amended, modified or supplemental Terms and Conditions of Return shall be effective as of the date of publication on our Site.

PRIVACY POLICY

1. OUR POLICY

poupettestbarth.com (“our Site”) is brought to you by PSBC LIMITED. Everyone has the right to protect his/her personal data. Personal data means any data relating directly or indirectly to a living individual, from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of that data is practicable. PSBC LIMITED respects the right of the users of our Site to be informed regarding the collection of and other operations involving their personal data. PSBC LIMITED will apply a principle of strict necessity. For this reason, PSBC LIMITED has designed our Site in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed; PSBC LIMITED does not process your personal data when NAME can provide you with services through the use of anonymous or traffic data (such as marketing research made for improving its services, browsing data processed to provide you with customized contents or offers adapted to your preferred language, your location, etc.) or by other means which allow PSBC LIMITED to identify you, apart from when it is strictly necessary or upon request of competent authorities or courts or law enforcement bodies (for example, in case of traffic data or your IP address). This Privacy Policy provides you with information to understand how PSBC LIMITED collects personal data.  You are asked to read this Privacy Policy carefully as it contains important information about how your personal data will be used.  For further information on our Privacy Policy, please contact the Customer Care section on our Site.  You are also asked to read the Terms and Conditions of Use when you use our Site, and the Terms and Conditions of Sale and Terms and Conditions of Return if you want to make any purchase on our Site.

2. WHO COLLECT AND PROCESS YOUR PERSONAL DATA

PSBC LIMITED and its group companies (you may contact PSBC LIMITED at the Customer Care section on our Site to obtain a full list of such group companies) (if the context so permits collectively and individually referred to as “we” or “us” or “our”). We may be jointly or severally the users of your personal data as we control the collection, holding, processing or use of your personal data. We will also engage service providers and agents to help us in running our Site, and the collection, holding, processing and use of personal data and also to provide certain services in performing the orders placed by the users of our Site and related services.  Such service providers and agents have been chosen because of their experience in processing personal data and they provide sufficient safeguards regarding compliance with data protection laws (including the technical security measures governing the processing to be carried out). We regularly check that they comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with this Privacy Policy and the applicable laws on personal data processing.

Examples of some of the services providers of personal data we appointed are:

  • Fed Ex, for purposes related to shipping, delivering and returning products purchased on our Site;
  • Shopify, for purposes related to website hosting PT Bali Moda Busana, for purposes connected to providing call centre and Customer Care services to the users of our Site.

3. PERSONAL DATA WHICH WE MAY COLLECT FROM YOU

We may collect personal information from you when you register with us for the purpose of creating an account on our Site, make enquires with Customer Care on our Site and also ordering any product, making payment or requesting for return/refund through our Site.  The personal data which may be collected from you may include but are not limited to the following information which is necessary for and/or relevant to all or any of the purposes upon which they are collected as set out in this Privacy Policy:

  • 3.1 your personal information like your name, address, email address, phone number, tax code, gender, birthday, marital status, education or job background;
  • 3.2 payment information like your credit or debit card number , PayPal or Apple Pay account number and such other payment details which you must provide in order to pay for the products you ordered and/or to receive a refund;
  • 3.3 information about your previous and current transactions made on our Site;
  • 3.4 information of your preferences and interests.

We may monitor your use of our Site by the use of cookies and similar tracking devices to obtain information like frequency of your visit, which pages you go to, location data and traffic data, etc.  Such information helps us to build a profile of the users of our Site.  For further information, please read the section on cookies below.

4. HOW YOUR PERSONAL DATA MAY BE USED

We may use your personal data for all or any one or more of the following purposes:

  • 4.1 administration;
  • 4.2 to identify you and the accounts which you hold with us;
  • 4.3 research, assessment and analysis;
  • 4.4 customer profiling and analysing purchasing preferences;
  • 4.5 fulfilling any order and dealing with any request (including return and refund) or enquiry you made on our Site;
  • 4.6 payment for the order you made;
  • 4.7 credit checking;
  • 4.8 fraud and crime prevention and detection;
  • 4.9 security vetting;
  • 4.10 providing information to you about any changes to our Site (including any terms and conditions) and any services update which may affect you;
  • 4.11 improving our services and/or the operation of our Site;
  • 4.12 marketing (see the section DIRECT MARKETING AND OPTING OUT below for further information).

5. DIRECT MARKETING AND OPTING OUT

We may share your personal data with organizations who are our business partners and we and/or they may contact you (unless you have asked us and/or them not to do so) by mail, email, telephone and SMS text message about products, services promotions and special offers which may be of interest to you.  If you would like to be contacted, please tick the box below. 

If you have confirmed that you would like to be contacted above but later you do not wish to be so contacted, you are entitled to opt out at any time by informing us.  For further details on opt out, please see the section YOUR RIGHTS below.  If you opt out, we and our business partners will cease to contact you further for the aforesaid purposes.  However, opting out does not preclude us or our business partners from contacting you for purposes other than for direct marketing purposes (as defined in the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong).

6. WHO WE MAY DISCLOSE YOUR PERSONAL DATA

We may disclose your personal data to:

  • 6.1 other companies within the PS group;
  • 6.2 our service providers and agents (you may contact PSBC LIMITED at the Customer Care section on our Site if you want to obtain a list of our service providers and agents);
  • 6.3 credit reference agents for credit checking purpose;
  • 6.4 law enforcement bodies or agencies in connection with any investigation to help prevent unlawful or illegal or suspected unlawful or suspected illegal activities;
  • 6.5 our business partners if you have given your consent (see the section DIRECT MARKETING AND OPTING OUT above);
  • 6.6 any person or organization as may be required by any applicable laws or pursuant to any order made by a court of competent jurisdiction;
  • 6.7 any other person or organization who/which you have given us your consent to disclose your personal data.

7. PROTECTING YOUR PERSONAL DATA

We will take all practical steps to protect your personal data.  We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration and unauthorized disclosure or access.  While we will take all practical steps to protect your personal data, you acknowledge that the use of the Internet is not always entirely secure and for that reason we are unable to give any guarantee in relation to the security or integrity of any personal data which are transferred from you or to you via the Internet.  Online payments are normally secured as your data will be encrypted during transmission to the relevant payment processor.  However, because of the nature of the Internet in some cases transmitting data over the Internet may still not necessarily be secured from unauthorized access.  We will not be responsible for any theft or loss of, or unauthorized access to, your personal data or any loss or damage arising therefrom unless it is caused by our negligence.  You are also recommended to take steps to protect your personal data like providing your computer with software devices that protect network data transmission and/or receipt (e.g. updated antivirus systems) and that your service providers will take appropriate security measures on network data transmission (e.g. firewalls and anti-spam filtering).  You shall not share with or give your username, password or personal data to others.  Your personal data will not be kept by us longer than necessary and we will comply with all applicable laws concerning retention of personal data.

8. INFORMATION ABOUT OTHER THIRD PARTIES

If you give us information of or on behalf of someone else (e.g. if you purchase a product to be delivered to your friend, you purchase a product using your parent’s credit card, etc.), you confirm and represent to us that the other person has appointed you to act on his/her behalf and has agreed that you can give the necessary consent on his/her behalf to the processing of his/her personal data and the use of his/her personal data in accordance with this Private Policy, and that such other person has read this Private Policy. You will be personally liable for disclosure and/or use of his/her personal data if he/she has not given you the proper prior consent for doing so. 

9. WHAT IF YOU DO NOT AGREE TO GIVE YOUR PERSONAL DATA TO US

We need to obtain your personal data, in particular, data like your personal details, your email address, your address, your credit/debit card number or PayPal or Apple Pay account number, your telephone number, etc. in order to process your order for purchase of products on our Site, for delivery of the products you ordered, to answer or deal with your request for return or refund or other enquiries and also to comply with any requirements under the applicable laws.  You may not be able to use our Site to purchase our products if you refuse to provide to us or give consent to our use of such of your personal data which is necessary for such purposes.  You may be asked to provide other personal data which is not necessary for such purposes and is optional in nature, which will not affect your use of our Site.  We will inform you whether the disclosure of any personal data is compulsory or optional by marking with an appropriate symbol (*) when you use our Site.

10. COOKIES

The acceptance of automatic data collection procedures and the use of cookies are necessary for using our Site and its services, including the purchase of products.

If you have started the procedure of blocking or deleting cookies, we cannot ensure that all web pages of our Site will be displayed or that certain services will be supplied such as, for example, storage or display on the web pages of products you chose when you were finalizing the online purchase processes.

Our Site uses automatic systems of browsing data collection, such as cookies. A cookie is a file stored on the hard disk of the terminal of an Internet user; it does not contain intelligible information but it allows linking between a terminal and other information about the user’s experience on the web site and his/her preferences expressed while choosing services and purchasing products offered by the web site. For cookies disseminated by our servers, no one else may gain access to the information contained therein. These information and data are gathered directly and automatically by our Site. The information collected by cookies will be processed in order to optimize the services of our Site. We have provided cookies in connection to functions such as selecting the country, the language, the location, browsing the catalogue, purchasing products online and in general in connection with the provision of services reserved to registered customers. Cookies are used to keep track of the items stored in MY CART and to take you through CHECKOUT, to recognize you whenever you visit our Site, to obtain information about your preferences and use of the Internet, to carry out research and analysis to improve our Site and/or our products and services and to help us better understand your requirements and interests, to target our marketing activities more effectively and also to make your online experience more efficient and enjoyable. As you know, each internet browser allows the blocking or the deletion of cookies. Your Internet browser contains instructions on these procedures. If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted.  If you do this, please note that you may lose some of the functionality of our Site.  Please access the information on your internet browser if you wish to delete cookies.

11. COMPULSORY PROCESSING

We wish to inform you that we may process your Personal Data without your consent if so required by the applicable laws or to comply with the request of any competent authorities or order of courts of competent jurisdiction.

12. TRANSFERS OF DATA OUT OF HONG KONG

We may need to transfer your personal data to our service providers and agents outside Hong Kong for processing and/or storage. When you use our Site and provide us with your personal data, you will be deemed to have agreed that we may transfer your personal data to countries outside Hong Kong.  You may contact us at the Customer Care section of our Site if you want to obtain a list of the countries which we may transfer your personal data. Please rest assured that we will always ensure that any transfer is subject to appropriate security measures to safeguard your personal data and will be in compliance with the requirements of any applicable laws.

13. YOUR RIGHTS

You are entitled to request access to personal data which we hold about you. If you want to exercise this right you are required to put your request in writing and in the prescribed form and specify the personal data you want access to, including any account or reference numbers where appropriate.  You may also be required to provide proof of your identity and address.  Please contact us at the Customer Care section on our Site if you want to make such a request.  You are also entitled to obtain from us details of the data controller and of the data processors; the names of the entities and categories of entities to whom your personal data may be disclosed or who may access your personal data. For further information, contact us at the Customer Care section on our Site.

In addition, you have the right to require us to correct any inaccuracies in your data. If you wish to exercise this right you should put your request in writing and specify the information that is incorrect and what it should be replaced with.  You may be required to provide proof of your identity and address.  For further information, please contact us at the Customer Care section on our Site.

Further, you have the right to ask us to stop using your personal data (i.e. to opt out) for direct marketing purposes, even if you have previously given us your consent. If you wish to exercise this right you should put your request in writing.  You may be required to provide proof of your identity and address.  If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. telephone or email) or if your objection is not to direct marketing by all of us but only to one or some of us,  then please specify the channel or entity you are objecting to.  For further information please contact us at the Customer Care section on our Site. 

14. CONSENT

Unless otherwise provided in this PRIVACY POLICY, each time when your consent is required, we will inform you in advance and will give you the option to either provide or refuse your consent for the use of your personal data, by ticking the appropriate boxes.

We wish to inform you that we may process your personal data also without your consent in certain circumstances, such as when such processing is necessary for performing a legal obligation to which we are subject or when such processing is necessary for performing our contractual obligations with the users or when we are so required by any applicable laws or any law enforcement bodies for investigations of unlawful or illegal activities or suspected unlawful or illegal activities, or otherwise required by any competent authorities or by the order of any courts of competent jurisdiction.

15. LINKS TO OTHER WEBSITES

You may be able to access certain third party websites from our Sites. We do not control or monitor such third party websites or their web content. We shall not be held liable for your connection to such third party websites or the web content of such third party websites or for the rules or measures adopted by them in terms of your privacy and the processing of your personal data while you are visiting those third party websites. Please pay attention when you connect to these third party websites through the links provided on our Site read their terms and conditions of use, their privacy policy and other applicable terms and conditions carefully. Our Privacy Policy does not apply to third party websites and we are by no means liable for the privacy policy adopted by those third party websites. Our Site provides links to other third party websites exclusively to help our users in their searches and net-surfing activities and to allow links to other third party web sites on the Internet. When we provide links to other third party web sites, we do not recommend the use of these third party websites and do not provide any guarantees regarding their web content or the services and products supplied and sold by these third party websites.

16. CONTACT

If you wish to receive further information on how we process your personal data, please contact us at the Customer Care section on our Site.

17. AMENDMENTS AND UPDATES

We reserve our right at any time to amend, modify or supplement to this Privacy Policy without any prior notice. All amendments, and modifications of and supplements to our Privacy Policy shall be applicable as soon as they are published on our Site. Therefore, you are advised to regularly access our Privacy Policy in order to check the publication of our most recent and updated Privacy Policy.