Welcome to desiredsense.com. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Desired Sense™,” “desiredsense.com,” “us,” “we,” and “our,” refer to us, our website, desiredsense.com, or our service, Desired Sense™, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
By registering for our website as a member, you are agreeing to receive regular newsletters and marketing related emails from Desired Sense™. Should you wish to be removed from our email list, you can unsubscribe or terminate your account any time.
- Description of Service
Desired Sense™ is an online fashion magazine and shopping site for men, and a global online retail destination for men’s style.
- Information Supplied
When using our website and placing an order, you will provide your name, e-mail address, mailing address, date of birth, Paypal information and telephone number.
In addition to providing us with the above information about yourself, you must be eighteen years of age or older, or, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. Additionally, you represent to us that you are not otherwise considered to be under a disability to enter into a contract with us, whether it be because of an embargo in or against your jurisdiction or any other reason.
Editors typically include images as part of their blog posts and the images that they are authorized to use is the following:
- Images that are licensed from vendors
- Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
- Images that are published on Photobucket or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images that are commissioned by Desired Sense™.
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images that are used to illustrate a newsworthy story, where the image itself tells a story
- Images used in a transformative manner, such as parody
- Images that are widely distributed that they have become part of the news
If desiredsense.com receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
You may pay for our services using Paypal. When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the accountholder to use their card for your transactions.
We do not accept personal checks, money orders or direct bank transfers. Please note, items will not be shipped until the transaction has been cleared.
Any use of fraudulent chargebacks simply to get free merchandise is not only strictly prohibited, but also criminal fraud, and will be dealt with by reporting such chargebacks to your local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction.
Our ability to ship your order to you is only as good as the information that you provide us. Whether you are ordering products for yourself or others, you must ensure that you provide us with an accurate address. We cannot be held responsible for delivery failures if you don’t give us the correct address or if it is an address that we can’t perform delivery to. If a shipment is returned as unclaimed, undeliverable, regardless of the reason, we shall be entitled to keep you liable for the shipping and handling fees that were associated with that shipment.
Deliveries are available for those wishing to use a PO Box address. Please check that your rental agreement includes signed-for/registered items. Due to the signed-for nature of deliveries, we recommend that items be sent to a work or home address in order to avoid any delays in receiving your items.
Shipping will be done according to the costs and methods described on our website. Once we ship your item, we are no longer responsible for its condition or delivery to your chosen address. Any claims for damages on the item should be filed by you against the shipper.
- Order Confirmation
An e-mail confirmation will be sent once payment has been received. Once the order has been confirmed, the item(s) will be processed, packed and shipped out and as such, it will not be possible to cancel your order. In the event that you opt to cancel the order after delivery, you agree that the associated delivery charges will be deducted from your payment before making any refund by us.
- Shipping Confirmation
Once your order has been dispatched, a shipping confirmation e-mail will be sent. Please keep this e-mail as a reference as it will also include your order tracking number, carrier and instructions on how to track your package.
Please refer to our ‘Delivery’ page.
- Returns & Exchanges
Please refer to our ‘Returns & Exchanges’ page.
- Price Changes & Stock Availability
Prices are subject to change without prior notice.
While we endeavor to provide you with the most accurate and up-to-date information, occasionally ordered items may not be available as listed.
In the case that part of your order is unavailable or out of stock, the item(s) will be cancelled from the order with notification and where applicable, a refund shall be applied for the cost of the regarding item(s).
Desired Sense™ ensures that all our product descriptions and prices are up-to-date and as accurate as possible. However, in few cases, pricing errors may occur with our listings. Should we discover a pricing error while processing your order and payment, we will immediately rectify the problem before cancelling and refunding you for your order. We will also make sure to inform you about the error with your order as soon as possible.
- Promotional & Store Credit Codes
Where a promotional code is required for an offer or discounted price, the code should be entered during the checkout process.
Customers should take care when entering codes, checking that the offer/credit has been applied. Should you find that the code is unapplicable or invalid, please refer to the specific conditions for the code as the promotion may have already expired. Should you have difficulty in applying store credit to your order, please contact us via e-mail at firstname.lastname@example.org.
- Discounts, Sales & Promotions
From time to time, Desired Sense™ may offer discounts and/or promotions. Discount, sales and/or promotional offers and prices are only applicable when checking out whilst the offer is still valid. Time restrictions will be stated where applicable. Please note that certain brands are excluded from all sales and promotions and certain restrictions apply. Desired Sense™ reserves the right to amend, extend or terminate these offers at an earlier date without prior notice.
Orders made 7 days prior to sale and promotion periods may be eligible for a price match. Please contact email@example.com for more information on eligibility.
- Rules of Conduct
We host a forum as well as blogs that we may permit you to comment on. As a part of using our website, you must not:
- Post anything that violates any applicable law, foreign or domestic.
- Post anything defamatory, violent, pornographic, hateful, racist, or otherwise objectionable. We have the sole right to determine what is objectionable.
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.
- Infringe on the intellectual property rights of anyone.
- Do anything that infringes on the rights of us or a third party.
- Create more than one account, use another person’s account, or allow another person to use your account.
- Engage in unsolicited marketing activities, whether commercial or non-commercial, on our forum or through its private messaging service, or on our blog comments section, or anywhere else on our website.
- Advertise on our website without our permission.
- Impersonate another person or organization.
- Post any links to content which would, if posted on our own website, violate these Rules of Conduct.
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
- Communications Decency Act
As we are located in Hong Kong, we have certain defenses available to us for liability for defamation posted on our website by third parties, such as in our forums or on our blog. We recommend that you review the decision of the High Court of the Hong Kong Special Administrative Region Court of First Instance in the case of Oriental Press Group Ltd and Another v. Fevaworks Solutions Ltd. Specifically, the law in Hong Kong is that we are a “subordinate distributor” and not automatically liable for the defamatory material of another who posts on our website.
Our Rules of Conduct prohibit defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable time and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to firstname.lastname@example.org.
Special Note to American Users
Please note that if you are thinking of suing us in the United States, Section 230 of the Communications Decency Act prohibits you from holding us liable for the comments of a third party. Additionally, the SPEECH Act prohibits you from enforcing in the United States any judgments obtained against us in a Hong Kong court for a third party’s defamatory statements, and if you attempted to sue us in a Hong Kong court for the actions of a third party our lawyers would make a motion in the U.S. courts where your deposition is to be taken to prevent such a deposition from occurring. Therefore, we stress the importance of following the proper Hong Kong notification procedure as described above.
- Contest Disclaimer
The maximum number of entries per person allowed during the contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in this contest. desiredsense.com are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.
The winner(s) of the contest will be selected at random from the qualifying entries and will be contacted via email within three working days following the draw. Winner(s) must contact the person detailed in the email for confirmation and their full name will appear on the relevant websites. In the event that the selected winner(s) does not respond within three days, another entrant will be selected in replacement. Please note that desiredsense.com is not responsible for the payment of any customs or duties that may be incurred by contest winner(s).
In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the desiredsense.com, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by desiredsense.com, its officers, board and employees, jointly and severally, for all damages and expenses for which the desiredsense.com, its officers, board and employees, become liable as a result of any alleged act of the parade participant.
The prize is non-transferable and cannot be exchanged for cash.
desiredsense.com reserves the right to offer alternative prize if any prize is not available or under special situation.
We do not actively screen blog comments and forum posts before they are uploaded to our website by third parties. As a part of your acceptance of this Agreement, you release us from any liability for the actions of third parties on our website, whether or not we would otherwise normally be held liable for such words under the laws of Hong Kong or any other jurisdiction.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
“Desired Sense™” is a trademark used by us, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
- Revocation of Consent
Where desiredsense.com has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
- Notification of Changes
- Applicable Laws
By accessing to the desiredsense.com, you and desiredsense.com agree that the statutes and laws of Hong Kong SAR, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the desiredsense.com. Those who choose to access the desiredsense.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Contact Information
If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of Desired Sense™ by sending an email to email@example.com
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.