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1.1 Company details. Fenix Fashion Limited (CR No. 1246482) (we and us), is a company registered in Hong Kong and our registered office is at 2/F – 5/F 888 Cheung Sha Wan Road, 3/F – 4/F 868 Cheung Sha Wan Road, Kowloon, Hong Kong. Our main trading address is 2/F – 5/F 888 Cheung Sha Wan Road, 3/F – 4/F 868 Cheung Sha Wan Road, Kowloon, Hong Kong. We operate the website https://home.knitup.io/
1.2 Contacting us. To contact us email our customer services team at email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 13.2.
2.1 Our contract.These terms and conditions(Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. We may or may not accept your offer at our discretion. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The decision to accept your order is in our sole discretion.
3.2 Correcting input errors.Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Accepting your order.Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
3.4 If we cannot fulfil your order.If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the Goods accurately, your Goods may vary slightly from those images in terms of scale and colours.
4.2 Where you upload your own graphics and/or text as part of your specification for the Goods, you are responsible for ensuring that such graphics and/or text are of sufficient quality in accordance with the recommendations on our site. We will under no circumstances be liable to you for any perceived defect in the Goods which arises as a result of the quality of graphics and/or text uploaded by you.
4.3 All intellectual property rights in or arising out of or in connection with the Goods shall be owned by us. If you choose to upload your own graphics and/or text as part of your specification for the Goods, you grant us a fully paid-up, non-exclusive, royalty free, non-transferable licence to copy and modify any materials provided by you for the purpose of providing the Goods to you.
4.4 You shall not upload graphics and/or text as part of your specification for the Goods which infringe the intellectual property rights of a third party. Any breach of this clause 4.4 shall be considered a material breach of the Contract.
4.5 To the extent that the Goods are to be manufactured in accordance with a specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us arising out of or in connection with our use of the specification and/or for actual or alleged infringement of a third party’s intellectual property rights. This clause 4.5 shall survive termination of the Contract.
4.6 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements stated in relation to the Goods may vary slightly from those indicated on our site.
4.7 The packaging of your Goods may vary from that shown on images on our site.
4.8 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.1 We will aim to dispatch the Goods within 10 business days following payment in full by you for your order in accordance with clause 8 of these Terms (provided that your order is less than 1000 pieces per style). We will contact you with an estimated delivery date, but any dates quoted for delivery are approximate only and time for delivery is not of the essence. Occasionally our delivery to you may be affected by an Event Outside our Control. See clause 12 (Events Outside Our Control) for our responsibilities when this happens.
5.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
5.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.
5.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.1 We ship internationally.
6.2 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 If you opt to be the Importer of Record in relation to your order, you must ensure that you are registered as such with the relevant customs authority and comply with all applicable laws and regulations in this regard.
6.5 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
7.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if we discover an error in the price of Goods you ordered.
7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of Goods excludes value added tax or any equivalent tax chargeable (where applicable) at the applicable current rate chargeable at the date of your order. However, if the rate of value added tax or any equivalent tax chargeable changes between the date of your order and the date of delivery, we will adjust the value added tax or equivalent tax you pay, unless you have already paid for the Goods in full before the change in value added tax or such equivalent tax chargeable takes effect.
7.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.5 It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7.5.1 where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
7.5.2 if the Goods' correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
8.1 Payment can be made for Goods:
8.1.1 using the online payment platform, Stripe. Stripe will provide this service in accordance with their terms and conditions which can be found at:https://stripe.com/en-hk/privacy; or
8.1.2 through bank transfer. If would prefer to use this method of payment, please select the ‘offline’ payment method when confirming your order and you will be sent an invoice by email.
8.2 Payment for the Goods and all applicable delivery charges is in advance. We will not begin preparing your order for dispatch until we have received payment in full.
9.1 We do not warrant that the Goods comply with the laws, regulations or standards outside the destination country selected during the order process.
9.2 We provide a warranty that on delivery, the Goods shall, subject to clause 4:
9.2.1 conform in all material respects with their description; and
9.2.2 be free from material defects in design, material and workmanship.
9.3 Subject to clause 9.4, if:
9.3.1 you give us notice in writing within a reasonable time of discovery, and in any event no later than 30 days of delivery of the Goods to you, that some or all of the Goods do not comply with the warranty set out in clause 9.2;
9.3.2 we are given a reasonable opportunity of examining the Goods; and
9.3.3 if we ask you to do so, you return the Goods to us at your cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
9.4 We will not be liable for breach of the warranty set out in clause 9.2 if:
9.4.1 you make any further use of the Goods after giving notice to us under clause 9.3;
9.4.2 the defect arises as a result of us following any drawing, graphics, text, design or specification supplied by you;
9.4.3 you alter or repair the Goods without our written consent;
9.4.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
9.4.5 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
9.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
9.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in these Terms limits or excludes our liability for:
10.2.1 death or personal injury caused by our negligence;
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
10.2.4 any other liability that cannot be limited or excluded by law.
10.3 Subject to clause 10.2, we will under no circumstances be liable to you for:
10.3.1 any loss of profits, sales, business, or revenue; or
10.3.2 loss or corruption of data, information or software; or
10.3.3 loss of business opportunity; or
10.3.4 loss of anticipated savings; or
10.3.5 loss of goodwill; or
10.3.6 any indirect or consequential loss.
10.4 Subject to clause 10.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
10.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11.1 Without limiting any of our other rights, we may terminate the Contract with immediate effect by giving written notice to you if:
11.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) you fail to remedy that breach within 30 days of being notified in writing to do so; and/or
11.1.2 you fail to pay any amount due under the Contract on the due date for payment.
11.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
12.2.1 we will contact you as soon as reasonably possible to notify you; and
12.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
13.1 When we refer to "in writing" in these Terms, this includes email.
13.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
13.3 A notice or other communication is deemed to have been received:
13.3.1 if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
13.3.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
13.3.3 if sent by email, at 9.00 am the next working day after transmission.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14.2 Assignment and transfer.
14.2.1 We may assign or transfer our rights and obligations under the Contract to another entity.
14.2.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
14.4 Waiver.If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
14.5 Severance.Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 Third party rights.The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.7 Governing law and jurisdiction.This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
home.knitup.io/ is a site operated by Fenix Fashion Limited ("We"). We are registered in Hong Kong under CR number 1246482 and have our registered office at 2/F – 5/F 888 Cheung Sha Wan Road, 3/F – 4/F 868 Cheung Sha Wan Road Kowloon, Hong Kong. Our main trading address is 2/F – 5/F 888 Cheung Sha Wan Road, 3/F – 4/F 868 Cheung Sha Wan Road Kowloon, Hong Kong.
We are a limited company.
To contact us, please email firstname.lastname@example.org.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future references.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. Any views expressed by other users on our site do not represent our views or values.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will only use your personal information as set out in our Privacy and Cookies Policy.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the following content standards which apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the content standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from us, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these content standards.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
When you upload or post content to our site, you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
a worldwide, non-exclusive, royalty-free, transferable licence for partners or advertisers to use the content for their purposes forever.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our Design Editor is powerful and can be accessed through desktop only.
So get in a homey, creative space. Check email. Your access to all things sweater awaits there.
Access Knitup using your desktop to proceed with purchase of the Stitchbox