1. In General

Welcome to himala-hk.com, a property of MODERN BRIGHT TRADING COMPANY, a body corporate doing business in the Hong Kong Special Administrative Region of the People’s Republic of China. This document constitutes a legally binding agreement (“Agreement”) governing the terms of use for our website: himala-hk.com By using this website, you signify your acceptance to this Agreement.

Throughout this document, the words “Modern Bright Trading Company”, “himala”, “us,” “we,” and “our,” refer to us, MODERN BRIGHT TRADING COMPANY, our website, himala-hk.com, or our services, 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.

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

By registering for our website as a member, you are agreeing to receive regular newsletters and marketing related emails from MODERN BRIGHT TRADING COMPANY. Should you wish to be removed from our email list, you can unsubscribe or terminate your account at any time.

2. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3. Prohibitions

You must not misuse this Website. You will not commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Crimes Ordinance. MODERN BRIGHT TRADING COMPANY will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4. Intellectual Property, Trademark, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of MODERN BRIGHT TRADING COMPANY or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MODERN BRIGHT TRADING COMPANY and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by MODERN BRIGHT TRADING COMPANY or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of MODERN BRIGHT TRADING COMPANY.

5. Registration

MODERN BRIGHT TRADING COMPANY reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

6. Terms of Sale

By placing an order you are offering to purchase a product and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Info for further information.

In order to contract with MODERN BRIGHT TRADING COMPANY you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MODERN BRIGHT TRADING COMPANY retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be MODERN BRIGHT TRADING COMPANY or may in some cases be a third party. Where a contract is made with a third party MODERN BRIGHT TRADING COMPANY is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

6.1 Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

6.2 Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

6.3 Payment

We accept payments made by Visa, MasterCard, Faster Payment System, Payme or direct bank transfer. 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 account holder to use their card for your transactions.

Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

We do not accept personal checks. 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 payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.

7. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law MODERN BRIGHT TRADING COMPANY and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MODERN BRIGHT TRADING COMPANY‘s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. Linking to this Website

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, but 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.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

9. Disclaimer as to ownership of images of personalities and third party copyright

This website is owned and operated by MODERN BRIGHT TRADING COMPANY. All content including pictures, designs, logos, photographs, written and other materials on our website are copyrighted to MODERN BRIGHT TRADING COMPANY and authors, designers, photographers etc. All worldwide rights are reserved. This site and its contents may only be used for personal non-commercial use. Any reproduction in whole or in part of our website is strictly prohibited without the prior written permission of MODERN BRIGHT TRADING COMPANY.

MODERN BRIGHT TRADING COMPANY is proud to feature many distinguished fashion leaders throughout our website. Please be aware that each of various trademarks, product names, company names, fashion, accessories, homeware and cosmetics etc. represented on the MODERN BRIGHT TRADING COMPANY website are the property of their individual owner-companies.

10. Indemnity

You agree to indemnify, defend and hold harmless MODERN BRIGHT TRADING COMPANY, its directors, officers, employees, consultants and agents, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach to the Terms of Service.

11. Variation

MODERN BRIGHT TRADING COMPANY shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

13. Complaints

We operate a complaints handling procedure which we will use to try resolve disputes when they first arise at email. Please contact us at sales@himala-hk.com. if you have any complaints or comments.

14. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Hong Kong SAR and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Hong Kong courts.

16. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MODERN BRIGHT TRADING COMPANY. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of MODERN BRIGHT TRADING COMPANY.

17. Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality products, MODERN BRIGHT TRADING COMPANY recognizes its obligation to ensure that suppliers are operating ethically.

All suppliers are expected to comply with their national employment laws and regulations.

MODERN BRIGHT TRADING COMPANY will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as MODERN BRIGHT TRADING COMPANY continues to grow, it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

18. Modifications of Terms & Conditions

We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.

Last Updated Date: Dec 2022