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Terms & conditions

ASH.COM ("ASH" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.ash.com.

ASH is a trading name of ASH (HK) LIMITED, a company incorporated in Hong Kong with registered address at Unit 1005-06, 10/F Tsim Sha Tsui Centre (West Wing), 66 Mody Road, Tsim Sha Tsui East, Kowloon, HONG KONG.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about ASH's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address cs@ash.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify ASH immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

 

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the ASH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ASH, whose applications are acceptable to ASH and who have authorized ASH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, ASH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ASH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we 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 reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

 

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

ASH offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to ASH. ASH will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at ASH. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

ASH will store a record of your transactions for a minimum of one year.

 

PRICING POLICY

Prices shown on the Site are in US Dollars (USD $ ) or Euros (EUR €).

Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page. 

All the transactions or order shall be on a DDU basis, which means that the delivery shall be completed when the products are delivered to the address designated by you, and the all relevant import taxes and duties shall be at your obligation.

Product prices displayed on ASH.com do not include taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly by brokerage or an import broker, and payment of these is necessary to release your order from customs on arrival. As we are unable to advise the amount this may be, you shall be solely responsible to evaluate the cost and paying it. If you apply for a return or an exchange, such cost may not be recovered.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

SALE PRICE ADJUSTMENT POLICY

ASH is happy to offer a Sale Price Adjustment on items purchased up to 3 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your ASH account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email  is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and ASH will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of ASH.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization 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 set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

 

PAYMENT

Payment can be made by Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to ASH.COM. Payment will be debited and cleared from your account upon dispatch of your order by ASH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized 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 ASH, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. We use a secure payment system to ensure that all purchases are as safe as possible. Data transfers are protected by up to 256-bit SSL encryption, and bank transactions are conducted directly between customers and their financial institution. This ensures that no one outside our payment gateway system can access customer card details.        

Our server also encrypts all personal data to guarantee the confidentiality and security of your transaction.

For card payments, depending on the type of card and country of issue, ASH.com uses the 3D Secure payment system, which incorporates additional security measures to prevent unauthorized use of your credit card.    

We reserve the right to withhold any order for security reasons. In such cases, we will notify any affected customers. We also reserve the right to cancel an order if we are unable to verify the shipping and billing information, or if we believe that the customer has placed an order with the intention of reselling the merchandise.

 Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

DELIVERY

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

We require a signature for any goods delivered to and collected by 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 fulfillment by ASH. The goods are your responsibility from the time we deliver them to the address you gave us.

Please note that we aim to dispatch all orders within 24 working hours, or 48 working hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. ASH is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

 

RETURNS AND EXCHANGES

 

RETURNING YOUR PURCHASE

You must request your return and send your unwanted items back to us within 14 days as from the receipt of the products by you for a refund of the value of the item only. The products may be returned to ASH USA, France, Germany or Hong Kong warehouse with their exact address to be separately informed to you. The returned products shall be in its original packaging. Incomplete returns may be refused or disregarded. In the case of the return for non-defective items, you are required to bear the cost of return shipping fees.

Please be noted that the discounted products cannot be returned or exchanged.

Once your return is processed and the returned items are received in proper status, we will notify you thereof by email. A refund will be issued to the original payment method or as store credit. The refund process usually will take 3-5 working days. It may take between 3-45 working days for the credit to appear on your card statement, depending on each bank’s processing time.

You can indicate your preference on the return request form.

When returning footwear, please do not use your shoe box as the shipping box.

 

RETURN PROCEDURE

1)            If you are registered member, please log into your personal account. Under “Return Request”, click “New Return Request” to apply for a return.

3)            Choose the appropriate order number and select the item you would like to return.  Please choose a reason for your return.

4)            For defective merchandise, please ensure you upload a photo for reference. Otherwise, your return may not be approved.

5)            After submitting the return request, our customer service representative will contact you via email or phone. You may also check the return status in your personal account at any time. Please note that we only accept approved return requests.

6)            If your return request is approved, we will send you an email confirmation with a return label. Please paste your return label on the package and send your item to the printed address located in USA, France, Germany or Hong Kong within three (3) days.

               

EXCHANGES

Please note you can only exchange items for a different size, based on stock availability. Once your returned item has been received, the shipping fee for the second order will be refunded in you store credit for use on ASH.com exclusively. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Shipping is complementary on the replacement item, but exchanges made to destinations outside of Hong Kong will be processed for customs clearance and therefore any relevant import duty and tax charges will apply.

Shipping is complementary on the replacement item, but exchanges made to destinations outside of Hong Kong will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.

 

OUR POLICY

Items should be returned unused and with all ASH and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

All shoes should be tried on a carpeted surface before wear.

Faulty goods

If your item is faulty when you receive it, you can return it for a refund. Simply request a return through your ASH account and send the faulty goods back to us within 14 days of receiving your order.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on ASH. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed and paid, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and ASH will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Hong KongLondon, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of ASH.

 

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your ASH account.

 

INTELLECTUAL PROPERTY RIGHTS

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ASH Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by ASH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ASH tries to ensure that the information on this site is accurate and complete. ASH does not promise that ASH's Content is accurate or error-free. ASH does not promise that the functional aspects of the Site or ASH's Content will be error free or that this Site, ASH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed on ASH TV are the personal opinions of the authors and do not reflect the views of ASH. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to ASH a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but ASH does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail comments@ASH.com . ASH reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of ASH and we accept no responsibility for any such views expressed in any media.

 

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

 

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than ASH, including advertisers. ASH has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

LIMITS ON OUR LIABILITY

Nothing in this Agreement is intended to affect your rights under the law.

If ASH fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and ASH knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us ASH harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ASH as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ASH, and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach the TOS 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 TOS.

 

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email cs@ash.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the laws of Hong Kong irrespective of the rules for conflict of laws, and the competent courts of Hong Kong will have exclusive jurisdiction.