Mischka Aoki is a trading name of Mischka Aoki Limited
www.mischkaaoki.com is the (“Website”) which is owned and managed by Mischka Aoki Limited.
“Item” is a product or good sold on www.mischkaaoki.com
By using www.mischkaaoki.com you agree to the Terms & Conditions, the Privacy Policy and the Cookie Policy
These Terms & Conditions apply to your use of www.mischkaaoki.com and should be read alongside, and are in addition to, our Privacy Policy and Cookie Policy which tells you how we use your personal information.
If you do not agree to these Terms & Conditions or our Privacy Policy or our Cookie Policy then you must stop using www.mischkaaoki.com
We may update or amend these Terms & Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on www.mischkaaoki.com. By continuing to use www.mischkaaoki.com you agree to be bound by the Terms & Conditions of these updates and amendments.
As part of using www.mischkaaoki.com you may set-up a Mischka Aoki account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.
We do not have the means to check the identities of people using www.mischkaaoki.com and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.
You agree to notify us via email immediately, customerservice@mischkaaoki.com if you become aware of or suspect any unauthorised use of your Account Details.
You confirm that:
You agree that in using www.mischkaaoki.com you will not:
We reserve the right to suspend, restrict or terminate your access to www.mischkaaoki.com at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these Terms & Conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
Your use of www.mischkaaoki.com and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, www.mischkaaoki.com and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trademarks are owned by such third parties or their licensors.
You are permitted to download and print content from www.mischkaaoki.com solely for your personal use. www.mischkaaoki.com content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of www.mischkaaoki.com for commercial exploitation in any circumstances.
We provide www.mischkaaoki.com on an 'as-is' basis and do not guarantee that www.mischkaaoki.com will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate www.mischkaaoki.com without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).
We provide the content on www.mischkaaoki.com in good faith but make no statement that any content is accurate complete or up-to-date, nor that www.mischkaaoki.com does not infringe the rights of any third party.
We accept no responsibility or liability for your reliance on www.mischkaaoki.com and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in www.mischkaaoki.com, we accept no liability for them.
We may provide links to other websites as part of www.mischkaaoki.com. You acknowledge that:
You may not link to www.mischkaaoki.com or display the contents of www.mischkaaoki.com surrounded, framed or otherwise surrounded by material not origination from Mischka Aoki without our prior written permission.
Each time you make use of a feature that allows you to upload material to www.mischkaaoki.com, or to make contact with other users of www.mischkaaoki.com, you must comply in all respects with the content standards set out in the Terms & Conditions.
We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to www.mischkaaoki.com
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of www.mischkaaoki.com
We have the right, without notice, to remove any material or posting which you make on www.mischkaaoki.com if, in our opinion, such material does not comply with the content standards set out in these Terms & Conditions.
These content standards apply to any and all material which you contribute to www.mischkaaoki.com ("Contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Contributions must not:
Mischka Aoki Limited, its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or items found or offered on www.mischkaaoki.com for any particular purpose. You acknowledge that such information and items may contain inaccuracies or errors to the fullest extent permitted by law.
Information provided about the items is intended to be used for informational purposes only. The statements and items are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on www.mischkaaoki.com before ordering or using such items.
Your use of any information or items on www.mischkaaoki.com is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any items, services or information available through www.mischkaaoki.com meet your specific requirement.
If we breach these Terms & Conditions we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms & Conditions.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of www.mischkaaoki.com
We are not responsible for:
If you are a consumer, you may make purchases of items and services on www.mischkaaoki.com for personal, domestic and non-commercial purposes. Contracts for the supply of items or services made using www.mischkaaoki.com are on our Terms of Sale below.
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms & Conditions to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these Terms & Conditions.
In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms & Conditions to another legal entity, your only rights under or in connection with these Terms & Conditions will be against the new legal entity and not against us.
These Terms & Conditions are personal to you. You may not transfer your rights or obligations under these Terms & Conditions to anyone else.
If you breach these Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions. If any part of these Terms & Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms & Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms & Conditions.
We will do our best to resolve any disputes over these Terms & Conditions. If you wish to take court proceedings against us you must do so within Hong Kong. The laws of Hong Kong will apply.
These Terms & Conditions describe the basis for the purchase by you and sale by us of the items described on www.mischkaaoki.com
By placing an order on www.mischkaaoki.com, you confirm that you have read these Terms & Conditions the Privacy Policy and the Cookie Policy, and that you agree to them. You should keep a copy of these Terms and Conditions for future reference. We will not always file a copy of orders made by you.
Each order that you place is an offer to buy those items and we shall accept that offer at our sole discretion, but orders are normally accepted if:
We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with an Order Confirmation email. Please note that at this stage your order for items may not have been accepted by us.
www.mischkaaoki.com endeavours to accurately display Products on the Website, including description, colour and other characteristics. However, some variation in colour may occur due to digital photographic processing and the display settings of your computer screen.
www.mischkaaoki.com would further remind the customer that the products shown on www.mischkaaoki.com are all sheer (see through), and all order placed on the website will be made non sheer (non see through) as described on the product detail page, this will affect the final colour of the product.
To the fullest extent permitted by applicable laws, www.mischkaaoki.com does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current or free of error. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice to you (including after you have submitted your order).
We will confirm our acceptance of your order for items by sending you an email confirming that the items have been dispatched ("Dispatch Confirmation email").
The contract between us will only be formed when we send you the Dispatch Confirmation email (the "Contract"). These Terms & Conditions, the Dispatch Confirmation email and any other information relating to the items which we have brought to your attention are incorporated into the Contract.
The Contact will only relate to those items which have been confirmed in the Dispatch Confirmation email and we will not be obliged to supply any other items which you have ordered until we have sent you a separate Dispatch Confirmation email in respect of such items.
The price of the items in the www.mischkaaoki.com “Online Store” and our delivery charges (where applicable) will be as set out on the Delivery Information page of www.mischkaaoki.com from time to time, except in the case of obvious error.
All prices on www.mischkaaoki.com will not include any applicable duties and taxes in the total item price displayed.
Your order may be subject to import duties and taxes. It is your responsibility to pay any such duties and taxes. Any such duties and taxes may vary in different territories. We are unable to advise you in relation to any import duties and taxes and we recommend you contact the local customs office at the delivery destination in this respect.
We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Dispatch Confirmation email.
www.mischkaaoki.com sells a number of items, so it is possible that despite our best efforts, that some items may be incorrectly priced. We will usually verify the price of any items as part of our dispatch process and if the price of the items:
We are under no obligation to provide items to you at an incorrect lower price, even once we have sent a Dispatch Confirmation email to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
We accept payment by credit card, as set out on www.mischkaaoki.com. Payment for the items and related costs will be due at the time we accept your order and we will usually attempt to take payment once we have received the order.
You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.
If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the items.
We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
All delivery and collection dates on www.mischkaaoki.com are given only for general guidance. In most cases we are able to deliver the items to you within our estimated delivery times and, where we anticipate that this may be delayed, we will contact you to inform you of this delay.
We will fulfil your order by the date and time set out in the Dispatch Confirmation email or, if no date or time is specified, within a reasonable period from the date of the Dispatch Confirmation email, unless there are exceptional circumstances.
Where the items are to be delivered, we shall attempt to deliver the items to the address you specify for delivery, or if none, to the billing address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.
In most cases a signature will be required from you or the recipient on delivery. Items supplied are not for resale.
If we are unable to deliver the items to you or if the items are not collected, then we will be entitled to hold the item for you, until all payments of the return fee and charges due to non-delivery and re-shipment cost has been paid in full.
It is important that you check your items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us within 5 days on customerservice@mischkaaoki.com quoting your Order Reference and a brief description of the issue so we can investigate, failure to do so within the 5 days of receiving the items may result in us being unable to provide a refund
We will be responsible for the items until they have been delivered or have been collected by you. The items will be at your own risk from this time, but you will not own the items until we have received full payment of all sums due in respect of the items, including any delivery charges, and the items have been delivered to you.
As all Mischka Aoki items are made once an order is place, we do not accept any cancellation of order that had been processed.
As all Mischka Aoki items are only processed once an order is placed, we are unable to exchange or refund any items unless the items are deemed faulty by us and that we are unable to rectify the issue.
Made to order items are not eligible for refund, due to the nature of the order, there is a probaility that a different material might be used to create the order as required, Mischka Aoki will take the utmost care to ensure that all custom order will be made to the client requirement as best as possible.
When the item is deemed to be faulty by us, we will rectify the issue at our own cost or offer you with a partial refund in order for you to take the dress to a seamstress to fix the issue.
But please rest assured that all Mischka Aoki items had been through rigorous quality checks to ensure that no fault items passed our quality checks, additionally we also take detailed photo of the items prior to packaging as an extra step for random quality checks.
Where we do accept your refund request and the items are returned to us in accordance with these Terms & Conditions and following our Returns Procedure, then you will receive a full refund of the price you paid for the items you have returned, unless on our receipt of the items, a refund will not be paid on items that have any of the following:
The refund is for items only and it will not will not include any applicable delivery charges made by us or any return delivery charges incurred by you.
Any items that are deemed by us as faulty or not as described, then a full refund will be made on all of those items as long as you have contacted us by emailing customerservice@mischkaaoki.com within 5 days of receiving the items, quoting your Order Reference and providing a list of what items are faulty or not as described.
Any refunds will be processed within 14 days on our receipt of returned items. We will refund you on the credit card used by you to pay.
If you are not satisfied with the way in which we have handled your returns then please email details including your Order Reference to customerservice@mischkaaoki.com
Mischka Aoki Limited, its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or items that have been contractually bought by you on www.mischkaaoki.com for any particular purpose. You acknowledge that such information and items may contain inaccuracies or errors to the fullest extent permitted by law.
You have certain rights under the law. These include that any items supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms & Conditions are intended to affect these statutory rights.
If we breach these Terms & Conditions we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms & Conditions. We are not responsible for:
Our aggregate liability to you in connection with each Contract shall not exceed the value of the items ordered by you under that Contract.
If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal +to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over each Contract. If you wish to take court proceedings against us you must do so within Hong Kong. The laws of Hong Kong will apply.
