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Terms and Conditions

GENERAL

Welcome to RealisationPar.com. By utilising the latest technology to ensure secure, hassle-free shopping, RealisationPar.com can provide you with a broad range of high quality merchandise to help you easily express your individuality and creativity. Keep in mind, however, that we here at Realisation Limited, a Hong Kong Private Company limited by shares provide our services to you subject to the following notices, terms, and conditions. The registered address of Realisation Limited is 303 Mirror Tower, 61 Mody Road, Tsimshatsui East, Kowloon, Hong Kong.

These Terms and Conditions (“Terms”) constitute a legally binding agreement made by and between Realisation Limited, a Hong Kong Private Company limited by shares and each of its affiliates and subsidiaries, (“Realisation Par”) which operates www.realisationpar.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These Terms govern your use of the Website and products offered on the Website so please read them carefully.

By accessing or using any part of this website, you agree that you have read, understand and agree to be bound by these Terms. If you do not agree to be so bound, discontinue use of the website.

Internet technology and applicable laws, rules and regulations change frequently. Accordingly, Realisation Par reserves the right to make changes to this agreement at any time. Your continued use of the website constitutes assent to any new provisions of this Terms that may be posted on the website.

Product Transactions on the Website

Products may only be purchased by individuals who can form legally binding contracts under applicable law. All purchases must have been issued with either a valid credit card by a bank acceptable to PayPal/Braintree or a valid PayPal account. The individual’s application to open an account must be acceptable to Realisation Par. All purchasers must agree to authorize Braintree or PayPal (on behalf of Realisation Par) to process the charge or charges on his/her credit card or PayPal account in the amount of the total purchase price for the merchandise which they purchase.

By making an offer to purchase merchandise, you expressly authorize Braintree or PayPal (on behalf of Realisation Par) to process the charge or charges on his/her credit card or PayPal account in the amount of the total purchase price for the merchandise which they purchase.

Furthermore, you agree that Braintree and/or PayPal (on behalf of Realisation Par) may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit card reference or fraud prevention agency, which may keep a record of that information.

Order Approval

All orders are subject to acceptance and availability. Please note that items in your shopping cart are not reserved and may be purchased by other customers.

After you place your order, you will be sent an e-mail to confirm that your account has been charged.

Your account is debited at the same time you submitted your order on our Website. If your order has not been approved, you will be notified as soon as reasonably practicable via us or by the payment gateway used to make the purchase.

In the rare instance that your order is approved but any of the items you have ordered are not available, we will contact you immediately by e-mail to arrange for a full refund or a product exchange, if preferred. Unless you cancel your order, acceptance of your order and completion of the contract between you and Realisation Par will be completed when we e-mail you to confirm the goods have been dispatched. The Website and communication is always conducted in English; therefore, the final sale contract will also be in English.

We reserve the right to not accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria.

Pricing Policy

Prices displayed on Website are in United States Dollars. We collect VAT for sales to United Kingdom, Ireland, Austria, Belgium, Denmark, France, Germany, Hungary, Italy, Netherlands, Poland, Spain and Sweden. VAT will be reflected on your invoice. Otherwise, we do not charge sales tax on our pricing. The responsibility for any custom duties, foreign taxes or other fees, which may be imposed, will rest with the customer. Please contact your local customs offices if you would like to seek more information regarding taxes and duties.

Cancellation of Orders by Us

At Realisation Par, we do our best to ensure your order is fulfilled. However, we reserve the right to cancel the order if we have insufficient stock. In the event of cancellation, we will contact you by email within 48 hours of receiving your order. If we cannot fulfill the order, we will re-credit your account as soon as reasonably possible. Realisation Par does not reimburse any bank charges you may have incurred in the transaction.

Please note card refunds may take up to 10 business days for your bank to complete depending on processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.

Cancellation by You

Realisation Par aims to ship any orders received the same day (excluding weekends and public holidays). However, please allow up to 48 hours for processing time. If you contact us and the order has already shipped, we cannot cancel the order. However, if the order has not been shipped, Realisation Par will happily cancel the order and refund you.

Insurance and Delivery

Realisation Par insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Réalisation and transfer of responsibility in the same way.

Réalisation cannot be held responsible for courier delays and circumstances out of our control. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Réalisation is not responsible for any delays caused by destination customs clearance processes.

See our Shipping Information section for more information of delivery timeframes.

All our orders are shipped via a third party warehouse out of China and Los Angeles, California, United States.. Réalisation mainly uses DHL and USPS for all deliveries to major cities, with EMS being used to more remote locations, Russia, and Germany.

Returns and Exchanges

Purchasers must request an exchange or return within 7 days of receiving our order. The item(s) must be returned in original condition with the original packaging and all tags attached. Any garments that appear to have been worn, washed, or altered in any way will be refused. Please take care when trying on garments, as we cannot accept garments that have makeup stains and/or that smell of perfume. The item/s must be returned to our warehouse before the refund or exchange is made.

Exchanges can be made for garments equal to the same full price value. Store credit will be issued to a customer's Realisation Par account based on the discounted price paid for the garment.

Items purchased during promotional periods (using a discount or promotion code) are eligible for exchange or store credit only, no refunds. The particular promotion in issue may have additional, more restrictive terms and conditions.

Please do not return any items before requesting a Returns Authorisation (RA) Number.
Purchasers meeting the above requirements may request a return or exchange by submitting a Return Request through our Website. Simply log in to your account and go to My Account. Go to Completed Orders, then click Return Item(s) next to the item you want to return. Fill out the following on the Return Request:

Item to return
Return reason
Select return or request an exchange
Comments (optional)

Once done, click Submit Return Request. You will receive a confirmation e-mail once the Return Request is sent. If you didn't make an account with us simply email talktomebaby@realisationpar.comto provide the same information.

If your return request has been authorised we will contact you via email and supply you with a Returns Authorisation (RA) Number, the return address details and a Returns Form, which should be included inside your return package.

Please wait to receive all required returns information before sending any return packages. Our office is closed over the weekend so if you submit an online return request on the weekend we will reply on Monday.

We reserve the right to not accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria.

Following our receipt of an authorised return, please allow 3-5 business days for your return to be processed at our warehouse. We’ll send you an email when our team has processed your refund. PayPal and Credit Card refunds can take up to 10 business days to clear back into your account. Your refund can only be credited back to the original form of payment.

If you request an exchange, please allow 3-5 business days for your return to be processed by our team. We’ll send you an email notification once your exchange has been shipped so you know it’s on the way.

The shipping cost of returning items to the Realisation Par warehouse for an exchange or refund, is not covered or reimbursed by us. However, if you request an exchange, we will arrange the shipping of the new item to you. We understand that some international postage can be costly, so we do not expect express shipping on returns.

Any customs duties and sales taxes paid on your purchase are non-refundable through Realisation Par. However, you may be able to recover these by contacting your local customs office directly. Refunds for returns apply to the purchase price of the garments only.

If a customer will not accept delivery of their order, or should the necessary customs duties or taxes not be paid by the customer in order to complete the delivery, Realisation Par will not be able to issue a refund on the full order price. Refunds can only be processed once the original garment is received back at our warehouse. Therefore, any associated return fees as a result of a customer not taking delivery of their order will need to be deducted from the original order price within a refund amount.

If you have received damaged goods, or you believe a manufacturing fault has occurred, please contact us straight away at talktomebaby@realisationpar.com so we can help to resolve the problem as quickly as possible.

Excessive Returns: Realisation Par monitors returns to identify potential abuse or misuse of our return policies. Continued returns will be flagged and potentially refused at our discretion, or lead to the closure of your Realisation Par account.

Payment

We accept payments via Braintree, Paypal, and QuadPay, and any other methods which may be clearly advertised on the Website from time to time. If you choose to pay with PayPal or Quadpay, you will be directed to their site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to RealisationPar.com. Payment will be debited and cleared from your account upon dispatch of your order by RealisationPar.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to RealisationPar, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Website secure. If you are a registered RealisationPar user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, RealisationPar uses Secure Socket Layer (SSL) technology.

KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

·         Pay later.

·         Slice It.

Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement. 

Intellectual Property Rights

Copyright

The graphic and textual content, arrangement, and assembly of the Website is the property of Realisation Par or its content suppliers and protected by international and United States of America copyright laws. Users should feel free to use this Website as a shopping resource, but any other use of the Website, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. In addition, the software used on this Website is the property of Realisation Par or its software suppliers and is protected under U.S. and international copyright laws.

Trademarks

"Realisation Par," is a registered trademark of Realisation Par and Realisation Par graphics, logos, product names, and service names are trademarks of Realisation Par. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes Realisation Par, its trademarks or goodwill. Any other trademarks not owned by Realisation Par that appear on this Website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.

Ownership and Use

Realisation Par will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms or otherwise, except as set forth in this Terms. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.

Digital Millennium Copyright Act Policy and Copyright Agent

Realisation Par respects the intellectual property rights of others and expects its users to do the same. If you believe Website or a user of the Website has infringed intellectual property please notify our Intellectual Property Agent at talkemebaby@realisationpar.com and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
An identification of the intellectual property claimed to have been infringed.
A detailed description of the material you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.
A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Prohibited Conduct

In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Realisation Par, any level of national, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent, or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Realisation Par’s name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these Terms.

If you become aware of any conduct that violates these Terms, Realisation Par encourages you to contact customer service at talktomebaby@realisationpar.com. Realisation Par reserves the right, but will have no obligation, to respond to such communications.

Representations and Warranties

By Each Party

Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these Terms, (ii) the assent to and performance by it of its obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these Terms constitute legal, valid and binding obligations of the parties assenting to these Terms, enforceable in accordance with these terms and conditions.

By You

You represent and warrant to Realisation Par that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Realisation Par in your use of Website, and (ii) You will comply with all applicable laws, rules and regulations in your use of the Website, including these

Terms, (iii) You will not make any speculative or fraudulent orders.

Indemnification

You agree to hold Realisation Par and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, Realisation Par may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Realisation Par.

Disclaimers, Exclusions, and Limitations

DISCLAIMER OF WARRANTIES. REALISATION PAR PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. REALISATION PAR DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. REALISATION PAR DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

REALISATION PAR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXCLUSION OF DAMAGES. REALISATION PAR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. REALISATION PAR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF REALISATION PAR OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TERMS OR IN

CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO REALISATION PAR FOR ANY PRODUCT(S).

Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in courts in Hong Kong or Los Angeles, California if United States law applies (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Hong Kong for any litigation other than small claims court actions, unless United States law applies.

Governing Law

The law which shall resolve all disputes between the parties shall be the laws of Hong Kong.

Changes to the Website or Service

Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.

Termination

Realisation Parwill have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these Terms, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.

If You are a member, You may terminate your account for any reason at any time subject to these Terms by emailing talktomebaby@realisationpar.com and requesting termination.

If your account is terminated, Realisation Par may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.

Following termination, you will not be permitted to use Website. Following termination, the parties’ obligations hereunder shall survive.

Waiver of Class Action Rights

By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms or Realisation Par product must be asserted individually.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law

to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of Website or Realisation Par products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.

Integration

These Terms contain the entire understanding of the you and Realisation Par regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

Additional Terms

These Terms will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of Hong Kong without reference to conflict of law principles. These Terms and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of Realisation Par. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these Terms. You and Realisation Par are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

Arbitration

To the extent United States law or any the law of any United States jurisdiction applies, all disputes between you and Realisation Par related to the operation of Website or Realisation Par products will be exclusively resolved under confidential binding arbitration held in Hong Kong or Los Angeles, California before a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Realisation Par will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court

THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH

YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

Class Action and Class Arbitration Waiver

Class Action and Class Arbitration Waiver. The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims

Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

These Terms are published and effective January 14th, 2018.

Copyright © 2019 Realisation Limited, a Hong Kong Private Company limited by shares ALL RIGHTS RESERVED.

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