TERMS OF SERVICE

OVERVIEW

This website and online store are operated by HAO MING HAN LIN TRADING LIMITED, trading as Or & Eau Atelier.

Throughout this website, the terms “we”, “us”, “our” and “Or & Eau Atelier” refer to HAO MING HAN LIN TRADING LIMITED, where applicable.

We provide this website, including the information, content, products, tools and services available through it, subject to your acceptance of these Terms of Service and the policies referenced in them.

By accessing our website, browsing our store, placing an order, submitting an enquiry, or otherwise using our services, you agree to these Terms of Service.

These Terms apply to all users of the website, including visitors, customers, purchasers and persons who submit content or information to us.

Please read these Terms carefully before using our website. If you do not agree with these Terms, you should not use the website or place an order.

Our store is hosted using Shopify, which provides the e-commerce platform through which we offer our products to customers.

Nothing in these Terms excludes, restricts or limits any mandatory consumer rights available to you under applicable law.

1. ONLINE STORE TERMS

By using this website or placing an order, you confirm that you are legally capable of entering into a binding contract under the laws applicable to you.

If you are under the age of majority in your country, state or region, you may use this website only with the involvement and consent of a parent or legal guardian where required.

You may not use our website, products or services for any illegal or unauthorised purpose.

You must not use the website in a manner that violates applicable laws or regulations, including laws relating to copyright, intellectual property, fraud, privacy or cybersecurity.

You must not knowingly transmit viruses, malware, malicious code, worms or other harmful technology through our website.

A material breach of these Terms may result in suspension or termination of your access to our services.

2. GENERAL CONDITIONS

We reserve the right to refuse or restrict service where reasonably necessary, including where we reasonably suspect:

• fraud;

• unauthorised payment activity;

• misuse of our website;

• unlawful conduct;

• intellectual-property infringement;

• security threats; or

• a material breach of these Terms.

Nothing in this section permits us to discriminate unlawfully or to refuse service in violation of applicable consumer law.

You may not reproduce, duplicate, copy, sell, resell or commercially exploit any material portion of our website or services without our prior written permission, except where permitted by applicable law.

The headings used in these Terms are for convenience only and do not affect their interpretation.

3. INFORMATION ON OUR WEBSITE

We take reasonable care to ensure that material information about our artworks, prices and services is accurate.

However, general editorial, artistic, educational or historical information published on the website may occasionally contain errors or become outdated.

We may correct or update such information where reasonably necessary.

Nothing in this section allows us to avoid responsibility for materially false or misleading product descriptions or other obligations imposed by applicable consumer law.

4. OUR ARTWORKS

Or & Eau Atelier specialises in original and individually hand-painted oil paintings.

Because each artwork is created by hand, minor differences may naturally occur in:

• brushwork;

• texture;

• paint thickness;

• colour;

• tone;

• detail;

• surface finish; and

• other artistic characteristics.

These characteristics are inherent in handmade artwork and do not normally constitute defects where the artwork remains materially consistent with its product description and any specifications agreed with you.

We make reasonable efforts to display photographs, colours and details accurately.

However, colours may appear slightly different depending on:

• your screen;

• device;

• monitor calibration;

• display settings;

• lighting conditions; and

• photography.

The product description, artwork images, selected dimensions, framing option and any expressly confirmed custom specifications form part of your order.

5. PRODUCT AVAILABILITY

Certain artworks may be available only through our online store.

Some products may be:

• one-of-a-kind original artworks;

• available in limited quantities;

• painted after an order is placed;

• made to order; or

• created according to individual customer specifications.

Availability may change without notice before an order has been accepted.

If we are unable to fulfil an order after payment has been received, we will notify you and refund the affected amount.

6. PRICES AND CHANGES

Product prices are shown in the currency displayed on our website or at checkout.

The total price payable will be shown before you complete your purchase.

We may change our prices at any time before an order is accepted.

Changes to future prices will not normally affect an order that has already been accepted by us.

We also reserve the right to modify, suspend or discontinue parts of our website or services.

Nothing in this section affects existing orders or statutory rights that cannot legally be excluded.

7. ORDERS AND ACCEPTANCE

When you submit an order, you are making an offer to purchase the selected artwork.

An automated order-confirmation email confirms that we have received your order. It does not necessarily mean that your order has been finally accepted.

We may contact you before accepting or producing an order to:

• verify customer information;

• verify payment;

• confirm artwork specifications;

• confirm framing;

• confirm dimensions;

• confirm reference images; or

• clarify customisation requirements.

We may reasonably refuse or cancel an order where:

• the artwork is unavailable;

• there is an obvious pricing error;

• product information contains a material error;

• payment cannot be authorised or verified;

• we reasonably suspect fraudulent activity;

• the requested artwork may violate another person's intellectual-property rights;

• required customer information is materially incomplete; or

• fulfilling the order would be unlawful.

If we cancel an order after payment has been collected, we will refund the affected amount using the original payment method, unless another method is legally required or expressly agreed.

8. BILLING AND CUSTOMER INFORMATION

You agree to provide current, complete and accurate information when placing an order.

This includes, where required:

• your full name;

• billing address;

• delivery address;

• email address;

• telephone number; and

• payment information.

You are responsible for checking your information before submitting your order.

If incorrect or incomplete information supplied by you causes additional shipping, re-delivery, customs, storage or return-to-sender charges, you may be responsible for reasonable additional costs to the extent permitted by applicable law.

9. PAYMENT

Payment must be made using one of the payment methods displayed at checkout.

Payments may be processed by independent third-party payment providers such as PayPal, card processors or other payment services made available through our store.

We do not directly store full credit-card details where those details are securely processed by the relevant payment provider.

Payment transactions may be subject to:

• fraud-prevention checks;

• identity verification;

• payment-provider rules;

• regulatory requirements; and

• security controls.

We may delay processing an order where payment cannot be verified.

10. TAXES, VAT, CUSTOMS AND IMPORT CHARGES

Orders shipped internationally may be subject to VAT, sales tax, import duties, customs duties, customs-clearance fees, brokerage fees or similar charges.

Whether taxes or duties are included in the amount charged by us will be stated at checkout, in our Shipping Policy, or otherwise disclosed before purchase where required by applicable law.

Unless expressly stated otherwise, import duties, customs charges, local taxes and customs-clearance charges imposed by the destination country may be payable by the customer.

Nothing in this section transfers to the customer any tax or legal obligation that applicable law requires us to bear.

11. CUSTOM AND PERSONALISED ARTWORK

Some artworks may be made according to the customer's individual specifications.

Customisation may include, among other things:

• non-standard dimensions;

• customer-requested sizes;

• specific colour palettes;

• individual compositions;

• paintings based on customer-supplied photographs;

• paintings based on customer-supplied references;

• alterations to subjects, backgrounds or objects;

• personalised text or inscriptions;

• special framing requirements; or

• other individually requested specifications.

You are responsible for reviewing the specifications of your custom artwork before approving production.

Once production has begun, modifications or cancellation may not always be possible.

Cancellation, withdrawal and return rights relating to custom and personalised artwork are governed by our Return & Refund Policy and applicable consumer law.

Nothing in this section affects your rights where an artwork is defective, damaged, incorrect or materially different from the specifications agreed with you.

12. CUSTOMER-SUPPLIED PHOTOGRAPHS AND MATERIALS

If you provide photographs, images, artwork, logos, text or other materials for a custom order, you confirm that you have the necessary rights or permissions for us to use those materials solely for the purpose of creating and fulfilling your order.

You must not knowingly provide materials that unlawfully infringe another person's:

• copyright;

• trademark;

• privacy rights;

• publicity rights;

• personality rights; or

• other legal rights.

We may refuse to reproduce or create artwork from materials where we reasonably believe the request may be unlawful or infringing.

13. PRODUCTION OF CUSTOM ARTWORK

Production times depend on the nature and complexity of the artwork.

Factors may include:

• dimensions;

• composition;

• subject matter;

• painting complexity;

• requested changes;

• framing requirements; and

• artist availability.

Estimated production times will be communicated through the product page, our Shipping Policy, or direct communication where appropriate.

For certain custom artworks, we may provide photographs or videos of the completed artwork before shipment for confirmation.

Because artworks are painted by hand, minor artistic differences from reference images are natural and do not automatically constitute defects.

14. SHIPPING AND DELIVERY

Our Shipping Policy forms part of these Terms and explains applicable shipping methods, estimated production times, delivery times and shipping charges.

We aim to dispatch orders within the timeframe stated on our website, product page, order confirmation, Shipping Policy or other pre-purchase information.

Delivery estimates may be affected by circumstances including:

• customs processing;

• carrier delays;

• severe weather;

• holidays;

• peak shipping periods;

• transportation disruption;

• supply-chain disruption; and

• circumstances outside our reasonable control.

If we cannot dispatch an order within the promised or legally required period, we will provide any notice, cancellation option, consent request or refund required by applicable law.

Tracking information will normally be provided where tracking is available.

15. RETURNS, CANCELLATIONS AND REFUNDS

Our Return & Refund Policy forms part of these Terms.

It contains the detailed rules governing:

• eligible returns;

• applicable return periods;

• cancellation;

• change-of-mind returns;

• custom and personalised artworks;

• damaged or defective artwork;

• incorrect items;

• return shipping costs; and

• refunds.

Customers should review the Return & Refund Policy before placing an order.

Consumers in certain jurisdictions, including eligible consumers in the European Union or European Economic Area, may have statutory cancellation or withdrawal rights in addition to rights provided by our policies.

Nothing in these Terms or our Return & Refund Policy limits mandatory consumer rights that cannot legally be excluded.

16. INTELLECTUAL PROPERTY

Unless otherwise stated, all content displayed through Or & Eau Atelier, including:

• artwork images;

• photographs;

• product descriptions;

• graphics;

• designs;

• logos;

• branding;

• text;

• videos; and

• website content

is owned by or licensed to HAO MING HAN LIN TRADING LIMITED and may be protected by applicable copyright, trademark and other intellectual-property laws.

Purchasing an artwork transfers ownership of the physical artwork only.

Unless expressly agreed otherwise in writing, purchasing a physical artwork does not transfer:

• copyright;

• reproduction rights;

• licensing rights;

• merchandising rights;

• commercial-use rights; or

• other intellectual-property rights.

You may not reproduce, distribute, sell reproductions of, commercially publish, license or otherwise commercially exploit our artwork imagery or website content without prior written permission.

17. CUSTOMER REVIEWS, FEEDBACK AND SUBMISSIONS

If you voluntarily submit a review, comment, suggestion, testimonial, photograph or other content to us, you confirm that you have the right to submit that content.

Where you expressly submit content for publication through our website, social-media channels or promotional materials, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for legitimate business and promotional purposes, subject to applicable law.

You retain ownership of your original content.

You must not submit content that:

• infringes third-party rights;

• is knowingly false or fraudulent;

• contains unlawful material;

• contains malicious software; or

• unlawfully discloses another person's personal information.

Nothing in these Terms prevents or penalises a customer from posting an honest review or expressing a genuine opinion about our products or services.

18. THIRD-PARTY TOOLS AND SERVICES

We may provide access to services or tools operated by third parties.

These may include:

• Shopify;

• payment providers;

• shipping carriers;

• analytics providers;

• social-media services; and

• other technology providers.

Third-party tools and services may be governed by their own terms and privacy policies.

We do not control independent third-party services and are not responsible for their acts or omissions except where applicable law provides otherwise.

19. THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

We do not control those websites and cannot guarantee their content, availability, security or privacy practices.

You should review the applicable terms and policies before using a third-party website.

Nothing in this section limits responsibility that applicable law requires us to retain.

20. PERSONAL INFORMATION

Our collection, use and processing of personal information are governed by our Privacy Policy.

We may process personal information where reasonably necessary to:

• operate our store;

• process payments;

• fulfil orders;

• create personalised artwork;

• communicate with customers;

• arrange shipping;

• provide customer support;

• prevent fraud; and

• comply with legal or regulatory obligations.

Please review our Privacy Policy for further information.

21. ERRORS, INACCURACIES AND OMISSIONS

Our website may occasionally contain typographical errors or omissions relating to:

• product descriptions;

• pricing;

• promotions;

• shipping charges;

• estimated delivery times; or

• availability.

We may correct genuine errors and update information where reasonably necessary.

Where an obvious material error affects an order, we may contact you to obtain confirmation or cancel and refund the affected order.

Nothing in this section allows us to misrepresent products, conceal material information or avoid mandatory consumer obligations.

22. PROHIBITED USES

You must not use our website or services:

• for unlawful purposes;

• to commit fraud;

• to infringe intellectual-property rights;

• to violate privacy or other legal rights;

• to transmit malware or malicious code;

• to interfere with website security;

• to attempt unauthorised access to systems or accounts;

• to scrape or systematically extract content for unauthorised commercial purposes;

• to impersonate another person;

• to submit deliberately false information;

• to engage in abusive automated activity; or

• to otherwise interfere with the normal operation of the website.

We may restrict access where we reasonably believe a serious or material violation has occurred.

23. DISCLAIMER OF WARRANTIES

We will provide our products and services with reasonable care and skill and in accordance with applicable law.

We do not guarantee that access to our website will always be uninterrupted, error-free or completely secure.

To the fullest extent permitted by applicable law, we do not provide warranties beyond those expressly stated by us or required by law.

Nothing in these Terms excludes, limits or disclaims any warranty, guarantee, statutory conformity requirement or consumer remedy that cannot legally be excluded.

24. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, HAO MING HAN LIN TRADING LIMITED, trading as Or & Eau Atelier, will not be liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable when the relevant contract was formed.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law.

In particular, nothing in these Terms excludes or restricts:

• mandatory consumer rights;

• liability for fraud or fraudulent misrepresentation;

• liability for intentional misconduct; or

• liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded.

25. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify HAO MING HAN LIN TRADING LIMITED against reasonable losses, liabilities or claims resulting directly from:

• your unlawful use of the website;

• your intentional infringement of another person's intellectual-property rights;

• materials you knowingly provide without necessary rights or permissions; or

• your material violation of these Terms.

This section does not require a consumer to indemnify us for matters caused by our own negligence, breach of contract or unlawful conduct.

26. FORCE MAJEURE

We are not responsible for delay or failure caused by circumstances beyond our reasonable control, except where applicable law provides otherwise.

Such circumstances may include:

• natural disasters;

• severe weather;

• war;

• civil unrest;

• strikes;

• epidemics;

• supply-chain disruption;

• customs delays;

• port closures;

• transportation interruption;

• telecommunications failure;

• carrier disruption; or

• government action.

If such circumstances materially affect an order, we will communicate with you where reasonably possible and take any action required by applicable consumer law.

27. SEVERABILITY

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law or removed to the minimum extent necessary.

The remaining provisions will continue in effect.

28. TERMINATION

These Terms remain effective while you use our website or services.

You may stop using our website at any time.

We may suspend or terminate access where you materially breach these Terms or use the website unlawfully.

Termination does not affect rights or obligations that arose before termination, including obligations relating to:

• payment;

• accepted orders;

• intellectual property;

• liability; and

• dispute resolution.

Mandatory consumer rights remain unaffected.

29. ENTIRE AGREEMENT

These Terms of Service, together with our:

• Return & Refund Policy;

• Shipping Policy;

• Privacy Policy;

• product descriptions;

• checkout disclosures; and

• any custom specifications expressly agreed with you

form the terms governing your purchase and use of our services.

Where a specific written or confirmed custom-artwork specification conflicts with a general provision of these Terms, the specifically agreed specification will apply to the extent permitted by applicable law.

30. GOVERNING LAW AND DISPUTES

These Terms and contracts formed through our website are governed by the laws of the Hong Kong Special Administrative Region, subject to applicable mandatory consumer-protection laws.

If you are a consumer in the European Union, European Economic Area, United States, or another jurisdiction, this choice of law does not deprive you of mandatory consumer protections that apply to you and cannot legally be excluded.

Nothing in these Terms prevents a consumer from exercising any right to bring a claim before a court, tribunal or other competent body where that right is provided by applicable mandatory law.

Before commencing formal proceedings, we encourage you to contact us so that we can attempt to resolve the matter fairly and promptly.

Email: qq9758450@gmail.com

31. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our:

• business;

• website;

• products;

• services;

• operational practices; or

• legal obligations.

The latest version will be published on this page with its “Last updated” date.

Unless applicable law requires otherwise, the version of these Terms in effect when your order was placed will govern that order.

Updates to these Terms will generally apply prospectively and will not retrospectively change the contractual terms governing an order that has already been accepted.

32. CONTACT INFORMATION

Questions about these Terms of Service, our website or our products may be sent to:

HAO MING HAN LIN TRADING LIMITED
Trading as Or & Eau Atelier

Registered Office:
Unit 29, 10/F, Enterprise Centre
11 On Lai Street
Sha Tin, Hong Kong

Operating Address:
239-104 Jianmei Village
Haicang District
Xiamen, Fujian 361026
China

Business Registration Number (BRN):
81033175

Business Registration Certificate Number:
81033175-000-08-26-7

Email:
qq9758450@gmail.com

We aim to respond to customer enquiries within 1–2 business days.